Woodford v. Higly
Supreme Court of North Carolina
This was a petition for cfower tried before Heath, Judge at Fall Term of Lincoln Superior Court, 1863. In. 1822, John Boyd conveyed the land in which dower is demanded to Lyman Woodford and his wife Jane, (she being the daughter of Boyd,) and their hei»s, to have and to them after the death of the grantor and his wife.,- John Boyd and his wife died in the lifetime of Woodford and his wife. Then Mrs. Woodford died and Woodford married the petitioner and died.
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This was a petition for cfower tried before Heath, Judge at Fall Term of Lincoln Superior Court, 1863. In. 1822, John Boyd conveyed the land in which dower is demanded to Lyman Woodford and his wife Jane, (she being the daughter of Boyd,) and their hei»s, to have and to them after the death of the grantor and his wife.,- John Boyd and his wife died in the lifetime of Woodford and his wife. Then Mrs. Woodford died and Woodford married the petitioner and died. The Judge below decided that the petitioner was entitled' to dower in the whole of the land,
1Opinion of the Court
Manly J.
The judgment of the Court helow is in conformity with the decision of this Court in the case of Den on demise of Mabley vs. Whitmore, 2 Dev. and Bat., 537, and is certainly correct. The c ¡ntrary view arises, we suppose, from a misapplication to the case of the statute in relation to estates held in joint tenancy, Rev. Code, ch. 43p s. 2, where it is declared that in cases of estafes hold in joint tenancy, the part or share of a tenant djHtigj shall not go to the surviving tenant, but to the heir of the deceased.
Lyman Woodford and his wife Jane were not joiut tenants, and n«ither had…
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