Laxton v. Tilly
Supreme Court of North Carolina
This was an civil action tried at the Fall Term 1871, of Caldwell Superior Court, before Mitchell, Judge. The suit was brought by Mary Laxton, who alleged in her complaint, that she was the widow of Thomas Laxton, deceased; that said Thomas Laxton was seized at one time of several tracts of land, which he gave by way of advancement. to his three sons, charging the land given to Levi, one of his sons, who has since died, with the maintenance of the said Thomas and the…
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This was an civil action tried at the Fall Term 1871, of Caldwell Superior Court, before Mitchell, Judge. The suit was brought by Mary Laxton, who alleged in her complaint, that she was the widow of Thomas Laxton, deceased; that said Thomas Laxton was seized at one time of several tracts of land, which he gave by way of advancement. to his three sons, charging the land given to Levi, one of his sons, who has since died, with the maintenance of the said Thomas and the plaintiff during their lives. A copy of the deed to Levi is set forth. The clause in said deed, which is relied upon to…
1Opinion of the Court
Reade, J,
The maintenance of the plaintiff is not a charge upon the personalty of the estate of Levi. Laxton, dec’d, in the hands of the defendant his administrator, but it is a charge upon the land which Thomas Laxton sold to Levi Laxton, with the stipulation that Levi should support the plaintiff.
The judgment below will be modified in conformity with “this opinion, and the cause will be remanded, and this will be -certified.
J?ee OuRiam. Judgment modified.
2Cited by9 opinions
- Helms v. Helms.Supreme Court of North Carolina · 1904
- Stamper v. . StamperSupreme Court of North Carolina · 1897
- Bailey v. . BaileySupreme Court of North Carolina · 1916
- Marsh v. . MarshSupreme Court of North Carolina · 1931
- Minor v. MinorSupreme Court of North Carolina · 1950
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