Hurst v. Dulaney

Citations

• 87 Va. 444
• 12 S.E. 800
• 1891 Va. LEXIS 91

Syllabus

<p>1. Power—OarmeycwGez^Irast deed—Assignee.—Conveyance of land to buyer and trust deed by him to secure price, executed same day, are deemed one in equity, and wife_ of_buyer is not entitled. tp_ do.wer in the land,' the seisin_pf_the husband being onjyjor an instant. The principle applies equally where the trust deed is for the benefit of an assignee.</p> <p>2. Idem—Surplus—Liability of buyer.—Wife is entitled to dower in the surplus arising from the sale of the land, but the purchaser is not bound to see to the application of the purchase-money.</p>