Beam v. . Bridgers
Supreme Court of North Carolina
Special proceeding for partition, tried before Brown, J., at Fall Term, 1890, of the Superior Court of Rutherford County.
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Special proceeding for partition, tried before Brown, J., at Fall Term, 1890, of the Superior Court of Rutherford County. The,only issue submitted to the jury was as follows: “ Was the first 150-acre tract described in the complaint and conveyed by Anderson Bridgers to John Beam, February 18th, 1846, purchased by John Beam with the money of his wife Elizabeth, and at her request and for her?” There was testimony tending to show that Mrs. Beam was possessed of certain money; that her husband voluntarily agreed to treat it as hers, and to waive his marital rights in respect to it by investing…
1Opinion of the Court
Shepherd, J.:
The only question presented for review is whether there was sufficient evidence to sustain an affirmative finding of the second issue We think it very clear, from the testimony of James and William Bridgers, that John Beam pui’chased the land in question with his wife’s money at her request; that the purchase was intended for her benefit, and that such was the understanding and agreement of the parties. It may also be inferred that she intended that the title should be made to her. Indeed, the agreement was that the husband should purchase the land “ for her,” and the necessary…
2Cases cited5 opinions
- Lyon v. . AkinSupreme Court of North Carolina · 1878
- Woodruff v. . BowlesSupreme Court of North Carolina · 1889
- Cunningham v. . BellSupreme Court of North Carolina · 1880
- Resor v. ResorIndiana Supreme Court · 1857
- Hackett v. . ShufordSupreme Court of North Carolina · 1882
3Cited by5 opinions
- Rhodes v. RaxterSupreme Court of North Carolina · 1955
- Bullman v. EdneySupreme Court of North Carolina · 1950
- Beam v. . BridgersSupreme Court of North Carolina · 1892
- Garner v. . GarnerSupreme Court of North Carolina · 1852
- Smith v. . SmithSupreme Court of North Carolina · 1864