Brickhouse v. . Sutton
Supreme Court of North Carolina
Evidence — Record—Service—Jurisdiction—Estoppel—Return of Sheriff — Deputy—Dower—Irregularity. Civil ACTION, tried before Avery, J., at Spring Term, 1887, of Tyrrell Superior Court. The action is brought to recover possession of the land-, described in the complaint.
Read the full summary
Evidence — Record—Service—Jurisdiction—Estoppel—Return of Sheriff — Deputy—Dower—Irregularity. Civil ACTION, tried before Avery, J., at Spring Term, 1887, of Tyrrell Superior Court. The action is brought to recover possession of the land-, described in the complaint. The plaintiff claims a life estate therein for the life of Elizabeth Sutton by virtue of a deed of conveyance executed by her to him on the 26th day of March, 1880, she being the widow and doweress of Henderson Sutton, who died intestate in December, 1868. The defendants are the heirs at law of the latter. At February Term, 1869,…
1Opinion of the Court
MekrimoN, J.,
(after stating the case). The objection that the Superior Courts did not have jurisdiction of the proceedings to obtain dower in 1869 cannot be sustained. The statute (Acts 1868-'69, Ch. 93, § 40; Bat. Rev., Ch. 117, § 9; The Code, § 2111,) expressly conferred such jurisdiction upon them. Soon after the enactment of the statute just cited some doubt prevailed as to whether or not such proceeding should begin in the Court of Probate or in the Superior Court before the Clerk thereof, or before the Court in term time. This doubt grew out of the novel and not very clearly defined…
2Cases cited4 opinions
- Morrow v. WeedSupreme Court of Iowa · 1856
- Fowler v. . PoorSupreme Court of North Carolina · 1885
- Ward v. . LowndesSupreme Court of North Carolina · 1887
- Spillman v. . WilliamsSupreme Court of North Carolina · 1884
3Cited by15 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Harrison v. . HargroveSupreme Court of North Carolina · 1897
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- Amy v. AmyUtah Supreme Court · 1895
- Downing v. . WhiteSupreme Court of North Carolina · 1936
10 more not listed; retrieve them via the Exa API.