Dudley v. . Tyson
Supreme Court of North Carolina
Appeal by defendants from Daniels, J., at February Term, 1914, of GrREENE. Tbis is a proceeding for partition of land. In June, 1903, James Harrell, husband of the plaintiff, Maggie Harrell, died intestate, leaving him surviving a widow and four infant children, and seized in fee simple and possessed of an undivided one-half interest in the tract of land described in the petition, the other one-half interest being owned by his sister.
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Appeal by defendants from Daniels, J., at February Term, 1914, of GrREENE. Tbis is a proceeding for partition of land. In June, 1903, James Harrell, husband of the plaintiff, Maggie Harrell, died intestate, leaving him surviving a widow and four infant children, and seized in fee simple and possessed of an undivided one-half interest in the tract of land described in the petition, the other one-half interest being owned by his sister. After his death, his cotenant, Susan Sylivant, bis sister, conveyed ber interest in said land to tbe infant beirs at law of ber deceased brother, reserving a…
1Opinion of the CourtAlleN, J.
James Harrell was at the time of his death the owner in fee of an undivided one-half of the land described in the petition, and his widow was therefore entitled to have set apart to her as dower one-sixth in value of the whole land.
In the petition in the proceeding for dower the title is truly stated, and the petitioner only asks for the allotment of one-third of one-half, or one-sixth in value of the whole, and there is nothing in the record tending to prove that she gained any advantage, or that more was allotted to her than she was entitled to.
We would not, therefore, be justified in…
2Cases cited3 opinions
- Tyson v. . BelcherSupreme Court of North Carolina · 1889
- Seaman v. Seaman.Supreme Court of North Carolina · 1901
- Coffin v. . CookSupreme Court of North Carolina · 1890
3Cited by6 opinions
- Bell v. BellArizona Supreme Court · 1934
- Long v. Town of RockinghamSupreme Court of North Carolina · 1924
- Cherry v. WoolardSupreme Court of North Carolina · 1956
- Turner v. TurnerSupreme Court of Virginia · 1910
- Welch v. . WelchSupreme Court of North Carolina · 1927
1 more not listed; retrieve them via the Exa API.