Buford v. North Roanoke Land & Imp. Co.

Citations

• 90 Va. 418
• 18 S.E. 914
• 1894 Va. LEXIS 9

Syllabus

<p>1. Deed — Construction—After-born child — Case at bar. — -Conveyance of land to '‘the lawful heirs of J. and B.,” who were then living and had three children, and a fourth child was born to them after date of deed: held, the deed gave a fee in remainder to three children to be opened for the fourth child when born.</p> <p>2. Married Women — Adverse possession — Case at bar. — It appearing that the four children held jointly, adversary possession of the land until 1843, when the fourth child was under the disability of coverture and remained such till after 1881: held, there could be no adversary possession against her in favor of her co-tenants during her coverture.</p> <p>3. Chancery Practice — Answer—Case at bar. — Code, section 3275, allows defendant to file his answer any time before final decree. In the case here, ten days after the rendition, by default, of a decree final in form, the defendants, during the same term, presented their answer to the bill, showing a probable title to the land in question; but the court below refused to allow the answer to be filed solely on the ground that it “ was presented too late.”</p> <p>Held :</p> <p>The ruling was error.</p> <p>4. Cases Compared. — G-erstv. Jones, 32 Gratt., 528, distinguished from the case here.</p>