Patton v. City of Asheville
Supreme Court of North Carolina
This was a civil action, tried before Brown, J, at Spring Term, 1891, of Buncombe Superior Court. Upon the facts agreed, there was a judgment for the defendant, from which the plaintiff appealed. The facts are sufficiently stated in the opinion.
1Opinion of the Court
Clark, J.:
The husband of the plaintiff acquired, the land in 1858. He was married to plaintiff in 1869, since the act restoring the common law right of dower. The land was sold in 1882, under execution issuing on judgments, a large part of which were obtained on;hlebts contracted in 1860. Her husband having died s;nce the sale, the plaintiff seeks in this action to have her dower laid off in the land which has now been conveyed by the purchaser at the execution sale to ihe defendant.
We are unable to distinguish this case from the similar question raised as to the homestead, which has been…
2Cases cited4 opinions
- Given v. HiltonSupreme Court of the United States · 1877
- Wilson v. . PattonSupreme Court of North Carolina · 1882
- Long v. . WalkerSupreme Court of North Carolina · 1890
- Edwards v. KearzeySupreme Court of the United States · 1877
3Cited by3 opinions
- Norfolk & Western R. v. Dunnaway's Adm'rSupreme Court of Virginia · 1896
- Davidson v. RichardsonOregon Supreme Court · 1907
- Buie v. . ScottSupreme Court of North Carolina · 1893