Barker v. Jenkins

Citations

• 84 Va. 895
• 6 S.E. 459
• 1888 Va. LEXIS 162

Syllabus

<p>1. Homestead—Widow—Heirs.—Widow, whose husband owed no debts at •his decease, cannot claim a continuance of the homestead which, in his lifetime, he had set apart under Code 1873, ch. 183. Helm v. Helm, 30 Gratt., 404.</p> <p>2. Appellate Court—Jurisdiction—Title to land.—An appeal lies to a decree allowing widow homestead for her lifetime in the realty of her deceased husband, though the appellant’s interest therein be less than the minimum jurisdictional sum, as the controversy concerns the title to land. Code 1873, ch. 178, sec. 3.</p> <p>3. Idem—Interlocutory decrees—Limitation—Case at bar.—The statutory limitation of appeals to one year after the rendition of the decree, applies only to final decrees. The decree here sustaining the widow’s claim to homestead, was not final, inasmuch as it directed certain enquiries “ in the • cause” to be made by a commissioner. Rawlings v. Rawlings, 75 Va. 76.</p>