Kirkpatrick v. Holmes
Supreme Court of North Carolina
This was a civil action, tried before MacRae, J., at August Term, 1890, of Orange Superior Court. The action was brought to recover possession of three tracts *of land which plaintiffs claimed 'under a deed from the Collector of Internal Revenue for the Fourth Collection District of North Carolina, upon a warrant of distraint against the property of the defendant David li. Holmes.
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This was a civil action, tried before MacRae, J., at August Term, 1890, of Orange Superior Court. The action was brought to recover possession of three tracts *of land which plaintiffs claimed 'under a deed from the Collector of Internal Revenue for the Fourth Collection District of North Carolina, upon a warrant of distraint against the property of the defendant David li. Holmes. The defendants filed no answer, and judgment by default was taken against them at March Term, 1888, of that Court, but the judgment against the feme defendant was subsequently vacated by order of the Judge holding…
1Opinion of the Court
Shepherd, J.:
His Honor, among other things, charged the jury, in substance, that the marriage having been con■tracted before 1868 the proceeds of the sale of the wife’s land became the property of the husband, and if he received it without any special agreement to invest it for her benefit in the Miles tract (the property purchased by him), she acquired no interest therein. This instruction, as well as *209the entire charge, would be correct if the land had been sold before 1868 (Hackett v. Shuford, 86 N. C., 149), but such does not appear to be the case, as it is very apparent from the testimony…
2Cases cited2 opinions
- Morris v. . MorrisSupreme Court of North Carolina · 1886
- Hackett v. . ShufordSupreme Court of North Carolina · 1882
3Cited by9 opinions
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- Ross v. . HendrixSupreme Court of North Carolina · 1892
- Ray v. Long.Supreme Court of North Carolina · 1901
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