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…
1DissentClark, C. J.
Tbe question here presented, whether a divorce a mensa et thoro constitutes busband and wife tenants in common of land held in entirety, bas never hitherto been decided in this Court.
When an estate is conveyed to two or more persons under our law it makes them tenants in common. There is no exception to this by any statute; but in England, formerly (though not now) an exception was made, not by any statute, but by tbe opinion of judges who held that, as tbe law then stood, tbe property rights of tbe wife being suspended during coverture, that if a conveyance or devise was made to two persons…
2Cases cited9 opinions
- Hoke v. . HendersonSupreme Court of North Carolina · 1833
- Mial v. Ellington.Supreme Court of North Carolina · 1903
- State v. . OliverSupreme Court of North Carolina · 1874
- State v. . RhodesSupreme Court of North Carolina · 1868
- Walker v. . LongSupreme Court of North Carolina · 1891
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