Love v. . McClure
Supreme Court of North Carolina
Dower — Evidence—Contract for Sale of Land — Widow— Vendor and Vendee — Parties. DEPENDANT'S appeal. Civil action, for the recovery of land, tried before Graves, J., at Spring Term, 1887, of Haywood Superior Court. The plaintiffs are the heirs at law of J. R. Love, and allege that they are the owners of the land described in the complaint, and that the defendant is in possession thereof and ■wrongfully withholds the same, &c.
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Dower — Evidence—Contract for Sale of Land — Widow— Vendor and Vendee — Parties. DEPENDANT'S appeal. Civil action, for the recovery of land, tried before Graves, J., at Spring Term, 1887, of Haywood Superior Court. The plaintiffs are the heirs at law of J. R. Love, and allege that they are the owners of the land described in the complaint, and that the defendant is in possession thereof and ■wrongfully withholds the same, &c. The defendant Nancy L. McClure denies the allegations •of the complaint, and as a defence to the action, and for affirmative relief, alleges that J. R. Love, the…
1Opinion of the Court
Davis, J.,
(after stating the case). In Kirby v. Dalton, 1 Dev. Eq., 195, the widow claimed dower in land purchased but which had not been paid for by her husband, and the title to which had been retained by the vendor as security for the payment of the purchase money. It was there held that the widow was not entitled to dower in her husband’s equities, and that even if she was so entitled (as she now is by statute since enacted) her right would be subordinate to the vendor’s right to have the purchase money paid, but in the case before us it has been found as a fact by the jury that all the…
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