Yancey v. Radford

Citations

• 86 Va. 638
• 10 S.E. 972
• 1890 Va. LEXIS 24

Syllabus

<p>Partition—Husband and wife—Heirs—Estoppel—Case at bar.—The heirs made partition, by deeds, of their ancestor’s lands. The deed to one of them and her husband grants 242 acres (her share) as follows: “ The parties of the first part” (the other'heirs) “do grant, relinquish, and release unto the parties of the second part, and to the heirs of the female party of the second part,” &c. The deed contained no warranty. Similar deeds were made to the other heirs respectively. No other considera- ' tion passed. The wife died without having had children. The husband claimed an* estate for his own life in one-half of the tract so conveyed to himself and his wife. Held : 1. The deed operated only as a partition and an allotment of the wife’s share of the ancestor’s realty. 2. It conveyed no estate to the husband as against the heirs of his wife, who were not estopped by their deed from claiming title to said 242 acres.</p>