Teague and Wife v. . Downs
Supreme Court of North Carolina
Civil action, tried before Mitchell, J., at the Spring Term, 1878, of the Superior Court for Caldwell county. On the trial below it was in evidence that the plaintiffs were married about the year 1852, and had now children nearly twenty-one years old; that the feme plaintiff was one of the heirs at law of one Aquilla Payne, who died in the yeai-, before 1868, and as such became possessed of a certain tract of land, which in the year 1868, she and her husband conveyed by deed…
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Civil action, tried before Mitchell, J., at the Spring Term, 1878, of the Superior Court for Caldwell county. On the trial below it was in evidence that the plaintiffs were married about the year 1852, and had now children nearly twenty-one years old; that the feme plaintiff was one of the heirs at law of one Aquilla Payne, who died in the yeai-, before 1868, and as such became possessed of a certain tract of land, which in the year 1868, she and her husband conveyed by deed to one Walter Payne, her brother, with a verbal understanding between the three that the proceeds of the said sale was…
1Opinion of the CourtPearson, C. J.
At the common law a husband by the marriage acquired all of the wife’s personal things in possession” absolutely, and he acquired an estate during the coveture in her things real in possession, and was seized in her right of the fee simple; on the birth of a child born alive he became entitled as “tenant by the curtesy initiate’'’" to an estate for his life in his own right, and was seized of the reversion in right of the wife. This life estate he could sell, charge with a term for years and by force of the statute, Rev. Code, ch. 45, sec. 1, it could be sold under execution for any “just…
2Cases cited1 opinion
- W. M. Sutton v. . J. A. J. AskewSupreme Court of North Carolina · 1872
3Cited by2 opinions
- Winchester-Simmons Co. v. . CutlerSupreme Court of North Carolina · 1930
- McCaskill v. . McCormacSupreme Court of North Carolina · 1888