Grant v. Grant
Supreme Court of North Carolina
This was a petition for dower begun before the Clerk of the Superior Court of McDowell County, transferred on issues to Term, and tried before Hoke, J., at Spring Term, 1891, of said Court. The plaintiff brought this special proceeding to obtain dower in the lands specified in the petition as the widow of E. IT. Grant, who died intestate. The defendants are his heirs at law.
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This was a petition for dower begun before the Clerk of the Superior Court of McDowell County, transferred on issues to Term, and tried before Hoke, J., at Spring Term, 1891, of said Court. The plaintiff brought this special proceeding to obtain dower in the lands specified in the petition as the widow of E. IT. Grant, who died intestate. The defendants are his heirs at law. In their answer they allege that the said intestate was not the owner of the lands at the time of his death or for a long time prior thereto. They allege that he acquired the same prior to the year 1867, and was married…
1Opinion of the Court
Mekirimon, C. J.:
The clear presumption is that the father is entitled to the earnings of his son until the latter arrives at the age of twenty-one years; and if he continues thereafter to remain with his father as a member of his family, the presumption is that his labor is gratuitous. He may, however, show the contrary. The ground of such presumption is, that the son received from the father parental sup*714port, protection, education, clothing and like suitable provisions, and his labor is, hence, due and belongs to the father, unless the contrary be shown. Dodson v. McAdams, 96 N. C., 149;…
2Cases cited2 opinions
- Dodson v. . McAdamsSupreme Court of North Carolina · 1887
- Young v. . HermanSupreme Court of North Carolina · 1887
3Cited by3 opinions
- Pridgen v. . PridgenSupreme Court of North Carolina · 1925
- State Ex Rel. Wilkinson v. DellingerSupreme Court of North Carolina · 1900
- Little v. . HolmesSupreme Court of North Carolina · 1921