Whitehurst v. McDonald
Whitehurst v. McDonald
Opinion of the Court
In 1857 Mary Tarrant died seised of certain real estate in Virginia. She left surviving her three children and two-grandchildren, one of whom was Mary E. O. Tarrant. The original Mary Tarrant died intestate, and Mary E. O. Tarrant was one of her heirs at law. The real estate of Mary Tarrant, by proper proceedings in the circuit court of the city of Norfolk, was duly partitioned among her heirs, and among other property allotted to Mary E. O. Tarrant was a certain tract of land in the county of Norfolk, Va., part of the original tract of which Mary Tarrant died seised. After this partition Mary E. O. Tarrant intermarried with one Charles Dashiel, and, still being seised of the real estate, by deed dated August 24, 1869, duly recorded, she- and her husband conveyed it to George A. Martin and to E. J. Bennett and Robert McCurdy, with general warranty. By a deed of even date and delivery with the last-mentioned deed, and as a part of the same transaction, the parties grantees in it conveyed to T. F. Owens, as trustee, the lands so conveyed to them, to secure the purchase money for which notes had been given. Martin & Elliott, Bennett, and McCurdy having defaulted in payment of these notes, T. F. Owens sold the property at public auction to Gilbert Elliot. Gilbert Elliot, November 8,. 1871, conveyed the land to Charles Stewart, who by deed dated April 8, 1880, conveyed the same to Richard H. McDonald, the complainant, who took undisturbed possession of the land. On the 26th of June, 1884, Charles Dashiel and his wife, Mary E. 0. Dashiel, conveyed toObed E. Whitehurst one undivided half interest in so much of said tract awarded to her in the partition of her grandmother’s estate as lies-between high-water mark and the channel of the Elizabeth river, and by another deed, in 1887, they conveyed the other undivided half to Joseph B. Allen. This bill is filed to remove this cloud from and toqui et title.
It is altogether likely, if not quite certain, though it- does not distinctly appear in the record, that when Mary E. O. Tarrant and Charles Dashiel, her husband, conveyed to Elliot, Martin, Bennett, and McCurdy their interest in the 37$ acres of land allotted to Mary E. O. Tarrant by the circuit court of Norfolk, the description in that deed followed the metes and bounds in the commissioner’s report. They make no reservation of any riparian rights in the deed, and if she had any rights riparian
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