Freeman v. Belfer
Supreme Court of North Carolina
Civil action, tried before Carter, J., at December Term, 1916, of RANDOLPH. This is an action to recover land, tried on the following agreed statement of facts: 1. That this action was instituted in the Superior Court of Randolph County on 16 August, 1916, for the recovery of the land described in a deed hereinafter set forth, and all the defendants were personally served with summons. 2. That prior to 31 July, 1890, Travis Smith and Louisa Smith were legally married, and at…
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Civil action, tried before Carter, J., at December Term, 1916, of RANDOLPH. This is an action to recover land, tried on the following agreed statement of facts: 1. That this action was instituted in the Superior Court of Randolph County on 16 August, 1916, for the recovery of the land described in a deed hereinafter set forth, and all the defendants were personally served with summons. 2. That prior to 31 July, 1890, Travis Smith and Louisa Smith were legally married, and at that time they were husband and wife. 3. That on 31 July, 1890, B. B. Barnes executed a deed conveying the land in…
1Opinion of the CourtAlleN, J.
The idea that husband and wife are one, or, as generally
expressed, of the unity of the person, does not have its origin in the common law. It dates from the Garden of Eden, when it was declared, “They shall be one flesh” (Gen., 2 :.14)j, and it has been reaffirmed and preserved in the Gospels and the Epistles. “Wherefore they are no more twain, but one flesh” (Matt., 19! :5); “They twain shall be one flesh” (Mark, 10:8) ; “They two shall lie one flesh” (Eph., 5:31).
It is on the doctrine of the Unity of Person that estates by entireties, with the right of survivorship, rest. Motly v. Whitmore,…
2Cases cited22 opinions
- Barber v. Barber Ex Rel. CronkhiteSupreme Court of the United States · 1859
- Bruce v. . NicholsonSupreme Court of North Carolina · 1891
- People Ex Rel. Commissioners of Public Charities & Correction v. CullenNew York Court of Appeals · 1897
- Ray v. RailroadSupreme Court of North Carolina · 1906
- West v. RailroadSupreme Court of North Carolina · 1906
17 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Davis v. . BassSupreme Court of North Carolina · 1924
- Turlington v. LucasSupreme Court of North Carolina · 1923
- Scheper v. ScheperSupreme Court of South Carolina · 1923
- Dorsey v. . KirklandSupreme Court of North Carolina · 1919
- North Carolina State Highway Commission v. MyersSupreme Court of North Carolina · 1967
17 more not listed; retrieve them via the Exa API.