Barnes v. . Raper
Supreme Court of North Carolina
Special PROCEEDING for dower, commenced before the clerk and tried at Spring Term, 1883, of Wilson Superior Court, before McKay, J. The plaintiff is the widow of Henry Barnes, and states in her petition that the defendants Wiley Lamm and Robinson Raper claim possession and title to the two tracts of land therein described, and asks to have her dower in the same allotted to her. The petitioner afterwards compromised her claim upon the tract in possession of said Lamm.
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Special PROCEEDING for dower, commenced before the clerk and tried at Spring Term, 1883, of Wilson Superior Court, before McKay, J. The plaintiff is the widow of Henry Barnes, and states in her petition that the defendants Wiley Lamm and Robinson Raper claim possession and title to the two tracts of land therein described, and asks to have her dower in the same allotted to her. The petitioner afterwards compromised her claim upon the tract in possession of said Lamm. The substance of the defendant’s answer is set out in the opinion. The court below adjudged that the plaintiff is not entitled…
1Opinion of the CourtSmith, C. J.
In answer to the petitioner’s application for an assignment of dower in the two tracts of land described in the petition, alleged to be claimed by the defendants respectively, they deny to be true the allegation of seizin in the intestate husband, at any time during their marriage, in either tract. For the trial of the matters drawn in controversy by the pleadings, the cause was removed to the superior court, and, it being admitted by the plaintiff that the intestate Henry Barnes, husband of the petitioner, did not. at any time during the coverture have legal seizin of the lands, an issue was…
2Cases cited1 opinion
- Houston v. . SmithSupreme Court of North Carolina · 1883
3Cited by7 opinions
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- Efland v. . EflandSupreme Court of North Carolina · 1887
- Tate v. . TateSupreme Court of North Carolina · 1834
- Blades v. . R. R.Supreme Court of North Carolina · 1944
- Blades v. Norfolk Southern Railway Co.Supreme Court of North Carolina · 1944
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