Welfare v. Welfare
Supreme Court of North Carolina
Proceeding for dower, heard at February Term, 1891, of Forsyth Superior Court, Bynum, J., presiding. This is a special proceeding, brought by the plaintiff against the defendants — other than the defendant creditors— who are the heirs at law of her late husband, who died intestate, to obtain dower in the lands specified in the petition.
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Proceeding for dower, heard at February Term, 1891, of Forsyth Superior Court, Bynum, J., presiding. This is a special proceeding, brought by the plaintiff against the defendants — other than the defendant creditors— who are the heirs at law of her late husband, who died intestate, to obtain dower in the lands specified in the petition. In the course of the proceeding it was adjudged that the plaintiff was entitled to dower, and an order was entered directing that a jury allot the same according to law. The jury, among other things in their report of allotment, say: “The commissioners in…
1Opinion of the Court
MerrimoN, 0. J.
after stating the case: The counsel for plaintiff insisted, on the argument here, that creditors of her late husband could not properly be made parties defendant in this proceeding; that they were improvidently made such, and had no right to except or object to the allotment of dower by the jury, and hence, could not appeal from the order of the Clerk overruling their exceptions. He further contended that these objections appeared upon the face of the record proper, and, therefore, the Court ought not to have given the judgment complained of.
If it be granted that the plaintiff…
2Cases cited2 opinions
- Brittain v. . MullSupreme Court of North Carolina · 1884
- Moore, Ex ParteSupreme Court of North Carolina · 1870
3Cited by2 opinions
- Stiner v. . CawthornSupreme Court of North Carolina · 1838
- Poindexter v. . CallSupreme Court of North Carolina · 1935