Hannon v. Hounihan

Citations

• 85 Va. 429
• 12 S.E. 157
• 1888 Va. LEXIS 52

Syllabus

<p>1. Alien Heirs—Alien ancestor—No bar.—By Code 1873, ch. 119, § 4, it is provided that in making title by descent, it shall be no bar to a party that any ancestor (whether dead or living), through whom he derives his descent from the intestate, is or.hath been an alien.</p> <p>2. Naturalized Citizen— Citizens of another State—Rights and privileges.—A naturalized citizen of U. S., or a native citizen of another State, is entitled to all the rights and privileges of a citizen of this State. Com’lh v. Towles, 5 Leigh, 806.</p> <p>3. Parol Contracts—Ante-nuptial.—-By cl. 5, jí 1, ch. 140, Code 1873, it is provided that no action shall be brought upon any agreement made upon consideration of marriage, unless the agreement be in writing, signed by the party to be charged thereby or his agent;</p> <p>Held :</p> <p>This section embraces ante-nuptial contracts.</p> <p>4. Resulting Trusts—Husband and wife—Case at bar.—Previous to the married woman’s act (April 4th, 1877), where a woman, having money not settled to her separate use, marries, and husband purchases with it real estate, and takes conveyance in his own name;</p> <p>Held :</p> <p>No trust results in wife’s favor.</p> <p>5. Dower—Mansion and curtilage—Adverse possession—Statute of limitations— Case at bar.—By § 8, ch. 106, Code 1873 (Code 1887, \\ 2274), widow being entitled to hold mansion and curtilage until dower assigned;</p> <p>Held :</p> <p>Her possession, not being adverse, will not in law be so deemed, and statute of limitations will not begin to run until such possession ends, or she publishes her claim and her possession to be adverse and hostile by actual and open disseisin.</p> <p>6. Laches.—Parties being ignorant of their rights cannot be charged with laches. Lamar v. Hale, 79 Va. 143.</p>