Den on Demise of Johnson v. Bradley
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Edgecombe ■ County, at the Fall Term 1843, his Honor Judgé Dick presiding. The action is for an undivided moiety of the premises described in the declaration. On the trial the case was agreed as fallows. The land descended in fee from John Williams to his two daughters Martha and Sally. Aaron Johnson purchased the share of Martha, and took a deed to, himself in fee.
Read the full summary
Appeal from the Superior Court of Law of Edgecombe ■ County, at the Fall Term 1843, his Honor Judgé Dick presiding. The action is for an undivided moiety of the premises described in the declaration. On the trial the case was agreed as fallows. The land descended in fee from John Williams to his two daughters Martha and Sally. Aaron Johnson purchased the share of Martha, and took a deed to, himself in fee. He also married Sally and they had issue, the lessor of the plaintiff; and then the said Aaron, being in possession,- sold the whole tract to the defendant, and conveyed it to him by a deed…
1Opinion of the CourtRuffin, C. J.
Were the case to be governed by the Statute of Gloucester, it would seem to be for the plaintiff. For, by that act, the warranty of tenant by the cur-tesy bars the heir from recovery of the mother’s land, only when assets in fee simple descend from the father, regard being had to the value. Of course, that excludes all notice of the personalty, which came to the son from the father’s estate. And, as to the realty, Lord Coke lays it down, that, to constitute a bar, “assets” must at the time, of descent, be of equal value with the premises warranted, or more ; Co. Lit. 374 : which is not the…
2Cited by1 opinion
- Hussey v. . KiddSupreme Court of North Carolina · 1936