Matthews v. . Copeland
Supreme Court of North Carolina
Civil Action tried at Spring Term, .1878, of NORTHAMPTON Superior Court, before Seymour, J. This action was brought against the defendants as sureties upon the official bonds of ffbhn Randolph who was appointed clerk and master in equity of Northampton ■county in 1850, and re-appointed in 1854. He executed two bonds and the defendants were sureties upon each ; and he died before action was brought.
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Civil Action tried at Spring Term, .1878, of NORTHAMPTON Superior Court, before Seymour, J. This action was brought against the defendants as sureties upon the official bonds of ffbhn Randolph who was appointed clerk and master in equity of Northampton ■county in 1850, and re-appointed in 1854. He executed two bonds and the defendants were sureties upon each ; and he died before action was brought. Certain lands which were held by the father and mother of plaintiff, and others, as tenants in common .were sold by said clerk and master under a decree in 1853 upon a petition for partition. The…
1Opinion of the Court
ByNüm, J.
1. In King v. Little, 77 N. C., 138, it was determined as to the wife’s land, wh at would be her rights as to accrued and accruing rents where she survives her husband ; we are now to determine how it is, "where the husband survives the wife.
The case before us is simplified, if we assume that the land has not been sold, but remains as to the title just where it was at the death, first, of the wife, and second, of the husband. Marriage is only a qualified gift to the husband of the wife’s choses in action, that is, upon condition that he reduce them into possession during its…
2Cases cited1 opinion
- King v. . LittleSupreme Court of North Carolina · 1877
3Cited by2 opinions
- Benbow v. . MooreSupreme Court of North Carolina · 1894
- Syme v. . BuntingSupreme Court of North Carolina · 1882