Marshall v. Baynes

Citations

• 88 Va. 1040
• 14 S.E. 978
• 1892 Va. LEXIS 70

Syllabus

<p>1. Divorce a mensa et lORO — rAgreement.—Pending suit for divorce from bed and board, husband and wife agreed to live separate, each to acquire and hold property free from claims of the other, and that decree be entered confirming the agreement. Afterwards, decree was entered reciting the taking of depositions and arguments of counsel and confirming the agreement;</p> <p>Held :</p> <p>The decree was in substance for a divorce from bed and board within Code, $ 2264, and was final and valid and operated upon after-acquired property and the legal rights and capacities of the parties, as a decree from the bond of matrimony except that neither party could marry again during the life of the other.</p> <p>2. Idem — Admissions.—The fact that decree confirmed the agreement did not make it a decree on the admissions of the parties.</p> <p>3. Idem — After-acquired property — Case at bar. — After decree of separation the woman acquired land and sold it to appellant. After death of both the man and the woman, her heirs brought ejectment for the land, and the circuit court rendered judgment for the plaintiffs;</p> <p>Held :</p> <p>Error.</p>