Sims v. . Ray
Supreme Court of North Carolina
This was a civil actioh, tried before Connor, Judge, upon, complaint, answer and demurrer, at October Term, 1886, of the Superior Court of Durham county.
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This was a civil actioh, tried before Connor, Judge, upon, complaint, answer and demurrer, at October Term, 1886, of the Superior Court of Durham county. The plaintiffs allege that they are heirs at law of Mary Ray, late wife of the defendant Tyrea B. Ray; that Mary Ray died in August, 1884, intestate, and seized and possessed of the land described in the complaint; that she never had issue by the said Tyrea B. Ray, and that the said Tyrea B. Ray is in possession of the said land, and wrongfully withholds possession from the plaintiffs. The answer of the defendant, so far as is material to…
1Opinion of the Court
Davis, J.,
(after stating the facts). The appellant relies on Taylor v. Eatman, 92 N. C., 607; Norfleet v. Hawkins, 93 N. C., 392; and Walton v. Parrish, 95 N. C., 259. In the first of these cases it was held, that a feme covert was competent to execute a power, whether collateral, appurtenent or in gross, without the concurrence of her husband, and that she might execute it even in his favor; and the same was held in Norfleet v. Hawkins, supra, in which case it was said: “ In' the execution of a power, there is no contract between the donee of a power and the appointee, and when the…
2Cases cited4 opinions
- Taylor v. . EatmanSupreme Court of North Carolina · 1885
- McRae v. . Battle, Ex'r .Supreme Court of North Carolina · 1873
- Norfleet v. . HawkinsSupreme Court of North Carolina · 1885
- Walton v. . ParishSupreme Court of North Carolina · 1886
3Cited by23 opinions
- Davis v. . BassSupreme Court of North Carolina · 1924
- Perry v. StancilSupreme Court of North Carolina · 1953
- Archbell v. ArchbellSupreme Court of North Carolina · 1912
- Kearney v. . VannSupreme Court of North Carolina · 1911
- Archbell v. . ArchbellSupreme Court of North Carolina · 1912
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