Legal Opinion · Dissent

Brown v. Morisey

Supreme Court of North Carolina

Decided March 28, 1899Published

Civil AotioN for admeasurement of dower, tried before Robinson, J., at August Term, 1898, of DupliN Superior Court. The action, was commenced July 8, 1896. The plaintiff is tbe widow of George Brown.

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Civil AotioN for admeasurement of dower, tried before Robinson, J., at August Term, 1898, of DupliN Superior Court. The action, was commenced July 8, 1896. The plaintiff is tbe widow of George Brown. They were married in August, 1854; in September, 1854, he bought from A. Best the land, located in Duplin County and described in the complaint, and took a fee simple deed for it, with warranty, proved and registered in January, 1855. He built a dwelling house on the land, cleared a few acres around the house, and the plaintiff and her husband lived in the house for more than a year; then she and…

1Dissent

EaiRcloth, C. I.,

dissenting. This is a petition for dower. The plaintiff’s husband was in possession of the land more than a year under a fee simple deed registered in 1854. In their absence for a few years, from which the husband never returned, the defendant took possession of the land, using it as his own, and has been in possession ever since. He entered without any deed or color of title, and without any right of entry or right of possession. He entered as an intruder and trespasser, without any pretense of right.

The defendant’s counsel in this Court said he would not discuss the title…

2Cases cited5 opinions

  1. Randall v. KreigerSupreme Court of the United States · 1875
  2. Martin's Heirs v. MartinSupreme Court of Alabama · 1853
  3. Campbell v. . MurphySupreme Court of North Carolina · 1856
  4. Logan v. . SimmonsSupreme Court of North Carolina · 1834
  5. State v. . DunstonSupreme Court of North Carolina · 1878

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