Little v. Bowen

Citations

• 76 Va. 724
• 1882 Va. LEXIS 72

Syllabus

<p>1. Merger.—When greater and less estate coexist in one person, without any intermediate estate, the less is immediately merged in the greater.</p> <p>2. Appellate Court.—A decree, though erroneous, will not be disturbed at the instance of an appellant not prejudiced thereby. But if it prejudice the appellees, at their instance this court will reverse the decree at the appellant’s costs.</p> <p>3. Dower—Case at bar.—Band descends on seven heirs and dowager. S sells his seventh to M, who conveyed it and his own seventh to secure debt to F S & Co. B, whose wife owned one-seventh, acquired five-sevenths, embracing M’s two subject to the debt of F S & Co. C’s heirs owned the remaining seventh. It was all subject to widow’s dower, which was unassigned. B purchased the dower right for an annuity for widow’s life, and B and wife conveyed four-sevenths, including wife’s, to secure payment of the annuity. Subject to these trusts, B’s entire interest was conveyed to separate use of B’s wife. F S & Co. sued to enforce their trust on two-sevenths. C’s heirs sued to sell their one-seventh. Widow sued to enforce her trust on four-sevenths. The suits being heard together—</p> <p>Held :</p> <p>1. There was no merger of the dower purchased by L in the two-sevenths conveyed to secure F S & Co., and bought by B subject to that trust; nor in the one-seventh, the reversion whereof was owned by C’s heirs. But as to three of the four shares conveyed to secure the widow’s annuity, merger took place before the conveyance.</p> <p>2. But disregarding the question of merger, B and wife conveyed the four-sevenths to secure payment of widow’s, annuity without reservation, and she is entitled to full benefit of those four-sevenths as her security, undiminuhed by any claim in L’s wife as ultimate alienee of that dower.</p> <p>3. In one-third of the two-sevenths conveyed to secure F S & Co., and in one-third of the one-seventh owned by C’s heirs, L’s wife, as such alienee, hath an estate for the