Dooley v. Baynes

Citations

• 86 Va. 644
• 10 S.E. 974
• 1890 Va. LEXIS 25

Syllabus

<p>1. Admissions as to title—Privies.—Declarations accompanying the act of possession in disparagement of claimant’s title or otherwise, qualifying his possession, are admissible in evidence not only against declarant, but those claiming under him.</p> <p>2. Idem—Partition.—Such admissions by grantee of deed on its face absolute and for a valuable consideration, are admissible to show that the deed was merely intended as a deed of partition between coparceners, and, therefore, no conveyance at all, because “ partition makes no degree.”</p> <p>3. Ejectment—Wife’s maiden land—Case at bar.—In ejectment where wife’s heirs demanded land in possession of husband’s grantees, on the ground it had descended upon her from her father, though wife’s brothers had conveyed it to her and her husband by deed reciting a consideration, but which the heirs claimed was only a deed of partition, the declarations of husband that the land had come to wife from her father, and that he had only a life estate in it: held, admissible against said grantees.</p> <p>4. Husband and wife—Separation—Tenancy by the Curtesy—Case at bar.— Husband and wife separated by agreement setting apart to wife one-third of the'land descended to her from her father, free from all claims of the husband, but stipulating nothing as to the remainder whereon he continued to reside: held, he derived his tenancy by the curtesy through his wife, and did not hold adversely to her, or to her heirs after her death.</p>