King v. . Miller
Supreme Court of North Carolina
Dower— Waste. Civil ACTION, tried before MacRae, J., and a jury, at Pall Term, 1887, of MECKLENBURG Superior Court. Judgment for defendants; plaintiffs appealed.
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Dower— Waste. Civil ACTION, tried before MacRae, J., and a jury, at Pall Term, 1887, of MECKLENBURG Superior Court. Judgment for defendants; plaintiffs appealed. A. C. Miller died, intestate, in the year 1865, possessed of an estate in fee of lands, out of which the defendant Susan Miller has, by proper proceedings, caused a portion, consisting of a tract of 250 acres, and a small lot of 2J acres, as described in the complaint, to be assigned to her as dower. .The reversion in the lands, so set apart, has descended to the plaintiffs, and the defendants, associated with the said Susan because…
1Opinion of the Court
SMITH, O. J ,
(after stating the facts). 1st Exception. — We
do not see the force of an objection to an inquiry into the use made of the life estate in an issue as to waste, and .in showing that the method of cultivation follows the practice and has the sanction of good farmers, and hence there has been no mismanagement or needless injury to the land, for which the defendant is accountable to the successors to the estate for actionable spoliation of the premises.
2d Ex. — The exception next taken, and alike untenable, is, to evidence offered to repel the charge of a wanton and reckless misuse of…
2Cited by8 opinions
- Sherrill v. . ConnorSupreme Court of North Carolina · 1890
- Brokaw v. FairchildNew York Supreme Court · 1929
- Carr v. . CarrSupreme Court of North Carolina · 1838
- Norris v. . LawsSupreme Court of North Carolina · 1909
- Chapman v. CooneySupreme Court of Rhode Island · 1904
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