Legal Opinion

Efland v. . Efland

Supreme Court of North Carolina

Decided February 5, 1887PublishedCited by 11 opinions

This was a civil ACTION, tried before Clark, Judge, at February Term, 1886, of Guilfokd Superior Court. Levi Efland died intestate in the county of Guilford in October, 1882, and the plaintiff is his widow and the defendants are his children and heirs at law.

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This was a civil ACTION, tried before Clark, Judge, at February Term, 1886, of Guilfokd Superior Court. Levi Efland died intestate in the county of Guilford in October, 1882, and the plaintiff is his widow and the defendants are his children and heirs at law. The complaint alleges, among other things, that Levi Efland, was, at the time •of his death, and had been for several years previous thereto, in the undisputed possession of two tracts of land described in the complaint. That one of said tracts was sold at public auction about ten years ago by the executors of one George •Smick, and bid…

1Opinion of the Court

Davis, J.,

(after stating the facts). The first exception is to the jurisdiction of the Court. Although the statute (The Code, §2111,) provides that a widow may apply for assignment of dower by petition in the Superior Court, as in other cases of Special Proceedings, and when the application is so made it must be returnable before the clerk, and not to the Superior Court in Term, yet that was not intended to deprive the Superior Court of the equitable jurisdiction, is well established. Campbell v. Murphy, 2 Jones Eq., 359; Jones v. Gerock, 6 Jones Eq., 190. But, as was said by Ashe, J., in…

2Cases cited3 opinions

  1. Norwood v. . ThorpeSupreme Court of North Carolina · 1870
  2. Barnes v. . RaperSupreme Court of North Carolina · 1884
  3. Rogers v. . ClementsSupreme Court of North Carolina · 1885

3Cited by11 opinions

  1. High v. PearceSupreme Court of North Carolina · 1941
  2. High v. . PearceSupreme Court of North Carolina · 1941
  3. Artis v. . ArtisSupreme Court of North Carolina · 1948
  4. Redding v. Vogt.Supreme Court of North Carolina · 1906
  5. Trust Co. v. . WatkinsSupreme Court of North Carolina · 1939

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