Jones and Wife v. . Carter
Supreme Court of North Carolina
This was a civil actioN, to recover real estate, and damages for its occupancy, tried before his Honor, Judge Henry, at Fall Term, of FbaNKLIN Court, upon the following case agreed: (1.) The plaintiffs, N. A. Jones and Harriet, his wife, were married before the year A. D. 1848, and had issue born,alive and are now living.
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This was a civil actioN, to recover real estate, and damages for its occupancy, tried before his Honor, Judge Henry, at Fall Term, of FbaNKLIN Court, upon the following case agreed: (1.) The plaintiffs, N. A. Jones and Harriet, his wife, were married before the year A. D. 1848, and had issue born,alive and are now living. (2.) By deed dated the 13th of July, 1855, H. L. Perry, brother of the feme plaintiff, conveyed the land mentioned in ■the pleadings to his sister, the feme plaintiff. This deed was not proved until the 17th of March, 1873, and was registered on the 3d of the following June.…
1Opinion of the CourtPeaksoN, C. J.
At common law a husband, after the birth of issue, became entitled to an estate for his life as tenant by the curtesy initiate, and had a right to convey his estate.
This land was acquired by the wife after the act of 1848. Admit that the effect of that act is to deprive the husband of his right to acquire an estate for life as tenant by the curtesy initiate, which is the only mode by which the provision that he shall not dispose of the land for his life can be carried into effect; still the husband was entitled to the rents and profits during the coverture, until such time as the wife…
2Cited by6 opinions
- Jones v. . CohenSupreme Court of North Carolina · 1880
- Whissenhunt v. . JonesSupreme Court of North Carolina · 1878
- Morris v. . MorrisSupreme Court of North Carolina · 1886
- Thompson v. . WigginsSupreme Court of North Carolina · 1891
- Taylor v. . TaylorSupreme Court of North Carolina · 1893
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