Hallyburton v. Slagle.
Supreme Court of North Carolina
ActioN by W. E. Hallyburton and wife against J. L. L. Slagle, beard by Judge M. II. Justice and a jury, at March Term, 1902, of the Superior Court of Buncombe County. From a judgment for the plaintiffs, the defendant appealed.
1Opinion of the CourtFurches, C. J.
This is an action of ejectment, and two lots or parcels of land are embraced in the complaint, called the first and second lots. The wife of the defendant being admitted to be the owner of lot number two, the defendant only claimed a life estate in that lot as tenant by the curtesy. But the wife having made a will devising it to the plaintiff, this defeated the husband’s right to curtesy. Tiddy v. Graves, 126 N. C., 620; Walker v. Long, 109 N. C., 510. And his Honor so charged and the jury so found; and we do not understand that there is any contention as to the correctness of this charge, or…
2Cases cited11 opinions
- Glenny v. LangdonSupreme Court of the United States · 1878
- Walker v. . LongSupreme Court of North Carolina · 1891
- Tiddy v. . GravesSupreme Court of North Carolina · 1900
- York v. . MerrittSupreme Court of North Carolina · 1879
- Johnson v. . PrairieSupreme Court of North Carolina · 1884
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3Cited by15 opinions
- Harris v. . BennettSupreme Court of North Carolina · 1912
- Hallyburton v. Slagle.Supreme Court of North Carolina · 1903
- Troy & North Carolina Gold Mining Co. v. Snow Lumber Co.Supreme Court of North Carolina · 1915
- Brown v. HutchinsonSupreme Court of North Carolina · 1911
- Bank v. . SternbergerSupreme Court of North Carolina · 1935
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