McAfee v. . Bettis
Supreme Court of North Carolina
Petition eor DoweR, heard by Logan, <71, at Chambers, in Cleaveland county, upon an appeal from the Probate Court of said county, 1st day of June, 1874. From the case agreed, the following facts, pertinent to the points raised for decision in this Court, appear: The petitioner was married to L. M. McAfee, of Cleaveland county, in February, 1869, and continued under coverture until his death in September, 1873. During the coVerture, the husband was seized in fee of 940 acres…
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Petition eor DoweR, heard by Logan, <71, at Chambers, in Cleaveland county, upon an appeal from the Probate Court of said county, 1st day of June, 1874. From the case agreed, the following facts, pertinent to the points raised for decision in this Court, appear: The petitioner was married to L. M. McAfee, of Cleaveland county, in February, 1869, and continued under coverture until his death in September, 1873. During the coVerture, the husband was seized in fee of 940 acres of land, save and except so much thereof as had theretofore been allotted as dower to his mother. The defendant is in…
1Opinion of the CourtPeaiison, C. J.
The plaintiff claims dower in a tract of land containing about 940 acres, exclusive of the part assigned to the mother of her husband for dower, and exclusive of 142 acres which had been assigned to her husband as a homestead. In 1872, the plaintiff joined with her husband in a deed to the defendant for this 142 acres, their homestead. In 1874, the sheriff, after a sale under execution, made a deed to the defendant for the 940 acres.
The question presented by the case is this : Is the plaintiff, who joined with her husband in a conveyance of the homestead, entitled to dower in the land outside…
2Cases cited1 opinion
- Watts v. LeggettSupreme Court of North Carolina · 1872
3Cited by4 opinions
- Elledge v. WelchSupreme Court of North Carolina · 1953
- Gregory v. . EllisSupreme Court of North Carolina · 1882
- Wetherell and Wife v. . Gorman .Supreme Court of North Carolina · 1875
- Graves v. HinesSupreme Court of North Carolina · 1891