Stroud v. . Stroud
Supreme Court of North Carolina
Petition for Dower heard by Mitchell J. at Fall Term 1867 of the Superior Court of Orange. The petition, which was filed against the heirs and surviving partners of the deceased, prayed for dower in a lot in Hillsboro held by the deceased and his two brothers as partners in the business of hotel-keeping. The answer of the surviving partners alleged that the personal assets of the partnership were not sufficient to pay its debts. The cause was heard upon petition and answer.
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Petition for Dower heard by Mitchell J. at Fall Term 1867 of the Superior Court of Orange. The petition, which was filed against the heirs and surviving partners of the deceased, prayed for dower in a lot in Hillsboro held by the deceased and his two brothers as partners in the business of hotel-keeping. The answer of the surviving partners alleged that the personal assets of the partnership were not sufficient to pay its debts. The cause was heard upon petition and answer. His Honor declared that the petitioner was not entitled to dower, and ordered the petition to be dismissed.
1Opinion of the Court
Reads J.
The answer sets forth the facts, that the hotel lot in which dower is sought, was purchased by the husband of the petitioner and his two brothers, who are defendants, as partners, to carry on a partnership business of hotel keeping; and that they did fora long time carry on the business, and incur large debts, which are yet unpaid; and that the personal effects of the partnership are insufficient to pay the debts, and that a sale of the hotel will be necessary for that purpose. The cause is heard upon petition and answer. ' So that it is to be taken that the hotel lot was partnership…
2Cited by3 opinions
- Sherrod v. . MayoSupreme Court of North Carolina · 1911
- Coppersmith v. . UptonSupreme Court of North Carolina · 1948
- Summey v. . PattonSupreme Court of North Carolina · 1864