Legal Opinion · Dissent

Odum v. Russell

Supreme Court of North Carolina

Decided December 20, 1919Published

Case agbeed, submitted to Calvert, J., at November Term, 1919, of RobesoN, involving the title to land. From the judgment rendered the defendant appealed.

1DissentClark, C. J.

The estate by entireties was not created by statute in England, and has been recognized at no time by any statute in this State. On the contrary, being an estate in joint tenancy, it was abolished by the statute of 1784, ch. 204, see. 6, now Eev., 1579, which abolished “all estates, real or personal, held in joint tenancy,” and converted them into tenancies in common. No one has ever denied that an estate by entireties is an estate in joint tenancy: It was further abolished by the Constitution 'of 1868, Art. X, sec. 6, which provided *8that all property of any married woman, whether acquired…

2Cases cited4 opinions

  1. Bynum v. Wicker.Supreme Court of North Carolina · 1906
  2. Haden v. BradshawSupreme Court of North Carolina · 1864
  3. Morgan v. . Fraternal AssociationSupreme Court of North Carolina · 1915
  4. State v. . MabreySupreme Court of North Carolina · 1870

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