Tucker v. . Tucker
Supreme Court of North Carolina
Civil ACTION for recovery of real estate, tried before Graves, X, at April Term, 1890, of New HaNOVER Superior Court. The case was submitted upon facts agreed, from which it appeared that William Tucker died in 1880, seized of land in controversy, leaving the plaintiff, his only brother, leaving no children, and the defendant, his widow. By proper procedings, the premises were allotted to the widow as her homestead in lieu of dower.
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Civil ACTION for recovery of real estate, tried before Graves, X, at April Term, 1890, of New HaNOVER Superior Court. The case was submitted upon facts agreed, from which it appeared that William Tucker died in 1880, seized of land in controversy, leaving the plaintiff, his only brother, leaving no children, and the defendant, his widow. By proper procedings, the premises were allotted to the widow as her homestead in lieu of dower. In 1886 she listed the land for taxes, but failing to pay the same the land was regularly sold, after due advertisement, January 7th, 1887, and was bought by one…
1Opinion of the Court
Clark, J: The statute (Acts 1885, ch. 177, § 59) provides that when the person “seized as tenant by curtesy or dower, as tenaut-for-life, or in right of his wife,” of land which is sold for taxes thereon “shall not within one year after such sale redeem the same according to law, such person shall forfeit to the person or persons next in title to such lands in remainder or reversion” his estate in said land, and that such person next in title may redeem it within one year after forfeiture. This section is re-enacted verbatim in Acts 1887, ch. 137, §121.
The allotment of the premises to the…
2Cases cited2 opinions
- Citizens' National Bank v. GreenSupreme Court of North Carolina · 1878
- Tucker v. . BellamySupreme Court of North Carolina · 1887
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