Sherrill v. . Connor
Supreme Court of North Carolina
This was a civil ACTION, tried at the September Term, 1890, of the' Superior Court of Likcoln County, before Brown, J. The complaint shows that Henry W. Connor, late a resident of said county of Lincoln, died in said county intestate on the 15th day of January, 1866, leaving the defendant Mary L. Connor, his widow, seized and possessed of a large amount of real estate, a part of which was duly allotted and set apart to said defendant, his widow, on her dower; that the…
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This was a civil ACTION, tried at the September Term, 1890, of the' Superior Court of Likcoln County, before Brown, J. The complaint shows that Henry W. Connor, late a resident of said county of Lincoln, died in said county intestate on the 15th day of January, 1866, leaving the defendant Mary L. Connor, his widow, seized and possessed of a large amount of real estate, a part of which was duly allotted and set apart to said defendant, his widow, on her dower; that the plaintiffs, one of whom was a minor, are the reversion-ers, claiming under the .will of IT. W. Connor, deceased, defendant’s…
1Opinion of the Court
Avery, J.:
The defendant’s first contention is that the Judge below erred in instructing the jury that she was liable for permissive waste. Waste is defined to be “a spoiling or destroying of the estate with respect to buildings, wood or soil, to the lasting injury of the inheritance.” The statute of Marlbridge made the tenant in dower liable at common law for single damages, and that of Gloucester provided subsequently that he should forfeit the place wherein the waste was committed, and treble damages to him that had the inheritance. But we f-iil to find any express authority from the…
2Cases cited5 opinions
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Sherlock v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1888
- Hastings v. CrunckletonSupreme Court of Pennsylvania · 1801
- King v. . MillerSupreme Court of North Carolina · 1888
- Harvey v. HarveySupreme Court of Vermont · 1868
3Cited by14 opinions
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Moss Point Lumber Co. v. Harrison CountyMississippi Supreme Court · 1906
- Parker v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1896
- McManus v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1917
- Melms v. Pabst Brewing Co.Wisconsin Supreme Court · 1899
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