Valentine v. North Carolina Granite Corp.

The parties to the present proceeding, having a question in difference which might properly become the subject of a civil action, have submitted the same for determination without action, upon an agreed statement of facts, as authorized by C. S., 626.

The question to be determined is whether, in a voluntary partition of lands, a deed executed by one tenant in common to another, without the joinder of his wife, is sufficient to bar the wife’s inchoate right of dower to the land assigned to the other cotenant.

His Honor was of the opinion, and so held, that, as partition is an incident to an…