Otley v. M'Alpine's heirs

Supreme Court of Virginia

Otley v. M'Alpine's heirs

2 Va. 340

DecidedOctober 15, 1845

StatusPublished

This text of 2 Va. 340 (Otley v. M'Alpine's heirs) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Otley v. M'Alpine's heirs, 2 Va. 340 (Va. 1845).

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Opinion

Cabell, P.

delivered the opinion of the Court.

The Court is of opinion, that the Court below erred in dismissing the bill of the appellant. Instead of dismissing the bill, it ought to have allotted to the appellant, in severalty, one third part of the land, of which partition was claimed. The decree is therefore reversed with costs; and the cause is remanded, to be proceeded in to a final decree, according to the principle now declared.

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Cabell, P.

delivered the opinion of the Court.

The Court is of opinion, that the Court below erred in dismissing the bill of the appellant. Instead of dismissing the bill, it ought to have allotted to the appellant, in severalty, one third part of the land, of which partition was claimed. The decree is therefore reversed with costs; and the cause is remanded, to be proceeded in to a final decree, according to the principle now declared.

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Bluebook (online)

2 Va. 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/otley-v-malpines-heirs-va-1845.