McKinnon, Currie & Co. v. Caulk
Supreme Court of North Carolina
Appeal by plaintiff from Rountree, J., at February Term, 1914, of BobesoN. Petition for partition of a tract of land, heard on appeal from the clerk. On the hearing it was properly made to appear that J. W. Oaulk and his then wife, Fannie, the present defendant, were seized and possessed of an estate by entireties in the land, and that the husband, J. W. Caulk, obtained an absolute divorce by decree of the court, on account of the adultery of the wife.
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Appeal by plaintiff from Rountree, J., at February Term, 1914, of BobesoN. Petition for partition of a tract of land, heard on appeal from the clerk. On the hearing it was properly made to appear that J. W. Oaulk and his then wife, Fannie, the present defendant, were seized and possessed of an estate by entireties in the land, and that the husband, J. W. Caulk, obtained an absolute divorce by decree of the court, on account of the adultery of the wife. Subsequently to this decree' said J. W. Oaulk, by deed duly executed, conveyed all his right, title, and interest in the land to plaintiff,…
1Opinion of the Court
' Hoke, J.,
after stating the case: It has been held in several well considered decisions of this Court that our Constitution and the later stat-. utes relative to tbe property and rights of married women have not thus far destroyed or altered the nature of this estate by entireties, a “conveyance to a husband and wife.” Jones v. Smith, 149 N. C., 318; West v. R. R., 140 N. C., 620; Bynum v. Wicker, 141 N. C., 95; Bruce v. Nicholson, 109 N. C., 205; Ray v. Long, 132 N. C., 891. A perusal of these and other authorities on the subject will disclose that the estate in its essential features and…
2Cases cited13 opinions
- Stelz v. . ShreckNew York Court of Appeals · 1891
- Bruce v. . NicholsonSupreme Court of North Carolina · 1891
- In re the Appeal of LewisMichigan Supreme Court · 1891
- West v. RailroadSupreme Court of North Carolina · 1906
- Bynum v. Wicker.Supreme Court of North Carolina · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Davis v. . BassSupreme Court of North Carolina · 1924
- Johnson v. . LeavittSupreme Court of North Carolina · 1924
- Turlington v. LucasSupreme Court of North Carolina · 1923
- Wilson v. . ErvinSupreme Court of North Carolina · 1947
- North Carolina State Highway Commission v. MyersSupreme Court of North Carolina · 1967
19 more not listed; retrieve them via the Exa API.