84 Va. 509 | Va. | 1888
delivered the opinion of the court.
On the 30th day of November, 1859, T. F. Grimaldi and wife executed a deed of trust conveying to O. M. Blackford,
The error assigned here is as to the action of the court in setting aside the decree of the 20th day of September, 1884, as to the allowance of $300 in lieu of dower to Mrs. Grimaldi, and allowing the defence of infancy to defeat the deed of 1859, and allowing the dower rights of the widow in full after the decree of September, 1884, had ascertained and fixed the same at the sum of $300, by consent of all concerned. It is insisted that the said, consent decree could not be set aside by bill of review, nor reversed on appeal. It is apparent from the record that on the said 30th day of September, 1884, Mrs. Grimaldi was no longer and infant, nor was she a married woman; after both the disability of infancy and of coverture had been removed, that she employed counsel to represent her in this suit; that in her answer, while she neither admitted nor denied anything, that she asked that her rights as widow of Thomas B. Grimaldi be duly protected by the court in the distribution of the fund; and that she afterwards, by counsel, consented to receive $300 in full satisfaction of her dower claims; that although she has filed two bills seeking to avoid this decree— one on the ground of the defective recordation of the deed as to her husband, and the other upon the ground of infancy— she has not disaffirmed this act of her counsel in consenting to-the decree of September, 1884; nor alleged that it was done without her concurrence, and although she has filed many exceptions in the progress of the cause subsequently, and taken many depositions as to her age and as to her husband’s residence, to avail of the bar of the statute, he having for many years lived in another State, yet we find no hint that she was in anywise misrepresented in that matter, nor denial of the authority of her counsel. Why is she not bound by this decree as any other person ? It was her own act, a decree entered by her consent, duly recorded. Upon -what principle can she ask to have it reviewed or reversed ? Was it error in law,
Tn the case of Atkinson v. Manks, 1 Cow., 709, Sutherland, J., says: “Whether the decree was erroneous (in its directions as a reference) I do not consider open for inquiry. The decree
It is settled law in this State that a deed of an infant feme covert may be avoided when the infant arrives at full age and becomes discovert, and she is not required to do any act to disaffirm the same until both disabilities of infancy and coverture have been removed. Wilson v. Branch, 77 Va., 65, and cases there cited. She may then not only disaffirm her
Hinton, J., dissented.
Decrees reversed.