Waggoner v. Waggoner

Did the answer raise issues of fact or merely issues of law? If material facts alleged by the petitioner are denied by the defendants, the truth must be ascertained by a jury. G.S. 1-172; Sparks v. Sparks, 232 N.C. 492, 61 S.E. 2d 356; Wells v. Clayton, 236 N.C. 102, 72 S.E. 2d 16.

Petitioner alleges that she is entitled to dower, and, based on her life expectancy, the cash value of her dower is $1,169.35. Defendants expressly deny this asserted value. Upon this denial the burden of proof rests upon petitioner. Some of the factors tending to support her claim are admitted. It is admitted that…