Elmore v. . Byrd
Supreme Court of North Carolina
Appeal by defendants from Devin, J., at August Term, 1920, of Wavne. The plaintiff, Sallie K. Elmore, and W. S. Elmore were married 1 October, 1868, and lived together until 3 August, 1883, when the husband died. They had several children, some of whom are living, and others have died, leaving children.
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Appeal by defendants from Devin, J., at August Term, 1920, of Wavne. The plaintiff, Sallie K. Elmore, and W. S. Elmore were married 1 October, 1868, and lived together until 3 August, 1883, when the husband died. They had several children, some of whom are living, and others have died, leaving children. On 1 April, 1883, she conveyed to her husband in fee by deed, consideration being love and affection and one dollar, a tract of land in Wayne County,-containing one hundred and twenty-five acres, and situated on the south side of the Mount Olive and White Hall public road. This was all the…
1Opinion of the Court
"Walker, J.,
after stating tbe case: It does not appear that tbe plaintiff bad ever actually received any of tbe personal property or reduced it into ber possession as ber own, if sbe did receive it, but sbe did qualify as executrix of tbe will.' Assuming tbat tbis would be sufficient as an election, we are of tbe opinion tbat there was no election on her part for other reasons. It is perfectly evident, upon tbe facts admitted, or not disputed, tbat both sbe and ber husband believed tbat tbe title to tbe land bad legally passed to him by ber deed. They were-ignorant of tbe law, as they might…
2Cases cited28 opinions
- Brown v. . KnappNew York Court of Appeals · 1879
- Caulfield v. . SullivanNew York Court of Appeals · 1881
- Towles v. . FisherSupreme Court of North Carolina · 1877
- Syme v. . BadgerSupreme Court of North Carolina · 1885
- McDaniel v. . McDanielSupreme Court of North Carolina · 1860
23 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
- Sutorius v. MayorSupreme Court of Missouri · 1943
- Honeycutt v. Citizens National Bank in GastoniaSupreme Court of North Carolina · 1955
- Lovett v. StoneSupreme Court of North Carolina · 1954
- Sandlin v. WeaverSupreme Court of North Carolina · 1954
21 more not listed; retrieve them via the Exa API.