Spencer v. Weston's Heirs
Supreme Court of North Carolina
This was a petition for dower, and damages for detention, filed by the feme and her second husband, against the heirs and the assignees of the heirs at law of the former husband. It appeared, that the former husband of the feme died seized in 1804, intestate, and that no steps had been taken to assert this claim until 1832, during all which ^me land had been in the legal possession of the heirs and their terre-tenants.
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This was a petition for dower, and damages for detention, filed by the feme and her second husband, against the heirs and the assignees of the heirs at law of the former husband. It appeared, that the former husband of the feme died seized in 1804, intestate, and that no steps had been taken to assert this claim until 1832, during all which ^me land had been in the legal possession of the heirs and their terre-tenants. It appeared also, that this land was not that upon which the former husband had his chief residence. The defendants answered and relied upon the statute of limitations; and…
1Opinion of the Court
Daniel, Judge,
after stating the case, proceeded : — The petition for dower is by the Act of Assembly substituted for the writ and declaration in an action of dower at the common law; and therefore the defendant always, if he has any defence to make, should plead or defend according to the course of the common law. It is not a chancery proceeding. Whitehead v. Clinch, 2 Hay. 3. We however consider the act of 1715, (Rev. ch. 2,) called the act of limitations, as having been plead and relied on in this case. Is that act a bar to this petition? The widow had no estate in the land, for the Jaw…
2Cited by10 opinions
- Fishel v. BrowningSupreme Court of North Carolina · 1907
- Fishel v. . BrowningSupreme Court of North Carolina · 1907
- In Re GorhamSupreme Court of North Carolina · 1919
- In Re the Will of StimpsonSupreme Court of North Carolina · 1958
- Brown v. MoriseySupreme Court of North Carolina · 1899
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