Den on the Several Demises of Pipkin v. Coor
Supreme Court of North Carolina
¡>Frohi Wayne. In this case the jury found a special verdict, stating that Elisha Pipkin died sometime subsequent to the 51st December, 1784, and previous to the 1st January, 1795, intestate, seized of a tract of land containing the premises in dispute, and leaving sons, Joseph, Elisha, charles and James Pipkin ; that the said James died after the year 1794, but previously to the year 1808, intestate and without issue, leaving the aforesaid Joseph, Elisha and Charles, his…
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¡>Frohi Wayne. In this case the jury found a special verdict, stating that Elisha Pipkin died sometime subsequent to the 51st December, 1784, and previous to the 1st January, 1795, intestate, seized of a tract of land containing the premises in dispute, and leaving sons, Joseph, Elisha, charles and James Pipkin ; that the said James died after the year 1794, but previously to the year 1808, intestate and without issue, leaving the aforesaid Joseph, Elisha and Charles, his brothers of the whole blood, and Mille and Ruth Pipkin, his sisters of the whole blood ; and leaving John Coor, a half…
1Opinion of the Court
Tatioe, Chief-Justice,
delivered the opinion of the Court:
• , i The only question presented in this case is, whether the Defendant, who is a maternal brother of the half blood, to the lessors of the Plaintiff, shall share with them in-the descent of lands, of which James became seised in consequence of the deatli of his father, and this depends upon the true construction of the third clause of the act of 17’84, regulating descents.
It seenqs to have been the aim of the Legislature, to abolish that, .rule.of the Common Law, which totally excludes the half blood from the inheritance; and to allow…
2Cited by1 opinion
- Pipkin and Others v. . CoorSupreme Court of North Carolina · 1813