Den Ex Dem. Brooks v. Brooks
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Stanly County, at Spring Term, 1843, his Honor Judge Settle presiding. In this action of ejectment, in which the.demise was laid from Alexander Brooks, the defendant pleaded specially her coverture and not guilty. The plaintiff regularly deduced a title to the land in dispute to Ezekiel Brooks.
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Appeal from the Superior Court of Law of Stanly County, at Spring Term, 1843, his Honor Judge Settle presiding. In this action of ejectment, in which the.demise was laid from Alexander Brooks, the defendant pleaded specially her coverture and not guilty. The plaintiff regularly deduced a title to the land in dispute to Ezekiel Brooks. He then offered in evidence the inquest of a jury in the year 1818 finding the said Ezekiel Brooks an idiot, and also another inquest of a jury taken in 1836, finding the said Ezekiel Brooks an idiot from his nativity. He also shewed the record of the…
1Opinion of the CourtRuffin, C. J.
The court could not help being struck with the novelty of this proceeding, which seems to be an attempt to try the validity of the defendant’s marriage in this ejectment, and appears to us not an appropriate method of doing so. On the one hand it is substantially a suit at law by the husband against the wife. If, on the other hand, the defendant supposed, that as the wife of the lunatic she had a right to continue her residence on the land in opposition to the guardian’s disposition of the premises, she is mistaken. It is true, as we think, that the wife and children oí a lunatic are entitled…
2Cited by5 opinions
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