Littleton v. . Littleton
Supreme Court of North Carolina
This was a petition filed by the widow of Zachariah Littleton, against the children and heirs-at-law of her deceased husband, alleging, that he had died seised of three several tracts of land therein described; in which she claimed dower, and prayed that it might be assigned ta her. The defendants pleaded, that their father was not seised or possessed of the lands mentioned, at the time of his death; and thereon the plaintiff took issue.
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This was a petition filed by the widow of Zachariah Littleton, against the children and heirs-at-law of her deceased husband, alleging, that he had died seised of three several tracts of land therein described; in which she claimed dower, and prayed that it might be assigned ta her. The defendants pleaded, that their father was not seised or possessed of the lands mentioned, at the time of his death; and thereon the plaintiff took issue. On the trial, at Onslow, on the Fall Circuit of 1833, before his Honor Judge Settle, the defendants gave in evidence a deed, made to three of them, by their…
1Opinion of the Court
Ruffiií, Chief Justice,
having stated the case as above, proceeded: — The state in which the case is placed by the special findings of the jury, requires the affirmance of the judgment, if the opinion given by the Court upon either point, be correct; for that renders the other immaterial. It is not thought necessary, therefore, to discuss here the positions of the Judge who presided at the trial, upon the questions, as to the delivery of the deed.
Upon the point of fraud, it must be taken upon the exception, that the deed was made before the marriage. The legal question which arises, is,…
2Cited by2 opinions
- Davis v. . DukeSupreme Court of North Carolina · 1801
- McGee v. . McGeeSupreme Court of North Carolina · 1843