Legal Opinion

Loyd v. Loyd

Supreme Court of North Carolina

Decided September 15, 1893PublishedCited by 2 opinions

This was a civil action brought before a Justice of the Peace for certain specific articles of personal property, and tried on appeal at the April Terra, 1893, of the Superior Court of Wake County, before Brown, J. The plaintiff, who is the wife of the defendant, testified as follows: “The articles of personal property in controversy were given me by defendant before our marriage. After our marriage we lived at my mother’s.

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This was a civil action brought before a Justice of the Peace for certain specific articles of personal property, and tried on appeal at the April Terra, 1893, of the Superior Court of Wake County, before Brown, J. The plaintiff, who is the wife of the defendant, testified as follows: “The articles of personal property in controversy were given me by defendant before our marriage. After our marriage we lived at my mother’s. Defendant’s mother also gave me some of the property. Defendant left me two years ago, and afterwards he got out a claim and delivery against my mother and got these…

1Opinion of the Court

Avkky, J :

The appeal is from an intimation of the Court below that the plaintiff’s testimony did not, if admitted, establish prima facie the right to recover. This depends upon the application of the doctrine of presumptions. She did not state what was the date of her marriage, whether before or after the Constitution of 1868 was ratified. If before, all of her personal property belonged absolutely to the husband on the celebration of the marriage, though it was given to her by him while she was still a feme sole, and the plaintiff could not recover certainly the articles given her before…

2Cases cited4 opinions

  1. Osborne v. . WilkesSupreme Court of North Carolina · 1891
  2. Woodruff v. . BowlesSupreme Court of North Carolina · 1889
  3. Durham v. . Bostick and MartinSupreme Court of North Carolina · 1875
  4. Giles v. HunterSupreme Court of North Carolina · 1889

3Cited by2 opinions

  1. Farmers Bank of Clayton v. McCullersSupreme Court of North Carolina · 1931
  2. Lanning v. Western Union Telegraph Co.Supreme Court of North Carolina · 1911

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