Cobb v. . Rasberry
Supreme Court of North Carolina
This was a civil ACTION, tried before Bymim, J., and a jury, at April Term, 1894, of Pitt Superior Court. The action was brought for the recovery of the possession of certain personal property, including, among other things, cotton, corn and other crops, all of which were raised on a tract of land described in the complaint, and were embraced and conveyed in a certain agricultural lien or mortgage, executed by the defendant S. S. Easberry to one "VY.
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This was a civil ACTION, tried before Bymim, J., and a jury, at April Term, 1894, of Pitt Superior Court. The action was brought for the recovery of the possession of certain personal property, including, among other things, cotton, corn and other crops, all of which were raised on a tract of land described in the complaint, and were embraced and conveyed in a certain agricultural lien or mortgage, executed by the defendant S. S. Easberry to one "VY. H. Cox to secure payment of a debt already due, and future advances to enable said Easberry to cultivate the said land, amounting in all to one…
1Opinion of the Court
MONTGOMERY, J.:
Tbe matter set up in tbe answer of the feme defendant cannot avail her. ' At common law the husband, when, bj birth of issue he became tenant by the curtesy initiate, was the owner of the crops grown on the wife’s land, and even in case of his death before hers his personal representatives were entitled to them. Williams v. Lanier, 44 N. C., 30. The Act of 1849, Code, Sec. 1840, only prohibited the husband from selling or leasing, for the term of his life or any ] ess term of years, the real estate of his wife when the marriage had taken place since the 3rd Monday of November,…
2Cases cited4 opinions
- Morris v. . MorrisSupreme Court of North Carolina · 1886
- Thompson v. . WigginsSupreme Court of North Carolina · 1891
- McMillan v. . ParsonsSupreme Court of North Carolina · 1859
- Williams and Wife v. . LanierSupreme Court of North Carolina · 1852