Hall v. . Castleberry
Supreme Court of North Carolina
This is a civil action, which was tried before Merrimon, J., at October Term, 1887, of Wake Superior Court. The plaintiff being the owner of a lot in the city of Raleigh, and her husband, Robert Hall, owning an adjoining lot, each containing a quarter of an acre, after their intermarriage united with him in executing a mortgage deed to Addison Pullejq conveying said lots to him to secure an indebtedness contracted by him in the purchase of a horse.
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This is a civil action, which was tried before Merrimon, J., at October Term, 1887, of Wake Superior Court. The plaintiff being the owner of a lot in the city of Raleigh, and her husband, Robert Hall, owning an adjoining lot, each containing a quarter of an acre, after their intermarriage united with him in executing a mortgage deed to Addison Pullejq conveying said lots to him to secure an indebtedness contracted by him in the purchase of a horse. The probate thereof was, after what purports to be a private examination before the Clerk of the Superior Court, in the form prescribed by law,…
1Opinion of the CourtSmith, C. J.
Inasmuch as the husband is not in the action, and possession under a claim of dower can only be asserted after the husband’s death, we see no basis for the demand of a judgment for the recovery of possession of the lot that belonged to the husband, and still less for a cancellation of the mortgage deed, which, as we have repeatedly said, should not be adjudged, as it may be a protection to others not in the suit, and besides, the destruction of a deed does not reconvey a divested estate in the lands.
But aside from these and other embarrassments in the way of prosecuting the present suit, the…
2Cases cited2 opinions
- State v. . HardeeSupreme Court of North Carolina · 1880
- Willey v. Norfolk Southern RailroadSupreme Court of North Carolina · 1887
3Cited by2 opinions
- Forbes v. . HarrisonSupreme Court of North Carolina · 1921
- Wynne v. . SmallSupreme Court of North Carolina · 1889