Legal Opinion

Manning v. . Manning

Supreme Court of North Carolina

Decided June 5, 1878PublishedCited by 36 opinions

Civil ActioN tried at January Special Term, 1878, of Halifax Superior Court, before Schenek, J. The case is sufficiently stated in the opinion.

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Civil ActioN tried at January Special Term, 1878, of Halifax Superior Court, before Schenek, J. The case is sufficiently stated in the opinion. The defendant demurred to the complaint and assigned as cause, (1) that the plaintiff and defendant were man and wife, (2) the possession of defendant was not adverse to plaintiff, (3) the defendant by law is entitled to possession of the premises, and (4) that the defendant is entitled during coverture to the rents and profits of the land. The judgment of the Court was that plaintiff recover of defendant the land mentioned in the complaint, and an…

1Opinion of the Court

Bynum, J,

This case is before us upon complaint and demurrer. The complaint alleges a marriage between the parties, on the 15th day of October, 1873; and that at that time and prior thereto, the plaintiff was seized in fee and to her sole and separate use of a large real estate in the ■county of Halifax, consisting of three tracts of land which are fully described by metes and bounds, one of which is ■the home place, having upon it the family mansion where ■she and her husband, the defendant, live together as man and wife. We say they live together because there is no allegation that they live…

2Cases cited5 opinions

  1. Cole v. RiperIllinois Supreme Court · 1867
  2. Schindel v. SchindelCourt of Appeals of Maryland · 1858
  3. Simms v. HerveySupreme Court of Iowa · 1865
  4. Faddis v. WoollomesSupreme Court of Kansas · 1872
  5. Miller v. BannisterMassachusetts Supreme Judicial Court · 1872

3Cited by36 opinions

  1. Crowell v. . CrowellSupreme Court of North Carolina · 1920
  2. Crowell v. CrowellSupreme Court of North Carolina · 1920
  3. Roberts v. . RobertsSupreme Court of North Carolina · 1923
  4. Graves v. . HowardSupreme Court of North Carolina · 1912
  5. Osborne v. . WilkesSupreme Court of North Carolina · 1891

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