King v. . Little
Supreme Court of North Carolina
Civil ActioN tried at August Special Term, 1877, of .Mecklenburg Superior Court, before Sehenck, J. This was an action brought by the plaintiffs as executors • of Cinthia D. King against the defendant for mesne proffts. ' The plaintiffs alleged that the defendant took possession of a tract of land belonging to their testatrix whose right -thereto had been determined in an action of ejectment, (see King v. Little, Phil.
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Civil ActioN tried at August Special Term, 1877, of .Mecklenburg Superior Court, before Sehenck, J. This was an action brought by the plaintiffs as executors • of Cinthia D. King against the defendant for mesne proffts. ' The plaintiffs alleged that the defendant took possession of a tract of land belonging to their testatrix whose right -thereto had been determined in an action of ejectment, (see King v. Little, Phil. Law, 484,) which was prosecuted by C« *0. King, Senior, and wife Cinthia, jointly, until the death •of the husband ill December, 1865, when it was prosecuted by Cinthia, as…
1Opinion of the CourtBynum, J.
All chattels personal which the wife has in possession in her own right are vested in the husband by the marriage,- although he does not survive her. But with respect to her choses in action they survive to her on the death of the husband, unless he shall have interfered by doing some act reducing them into possession.
At the date of the demise in the action of ejectment the land belonged to the wife, and the demise was laid in the name of the husband and wife. Upon the death of the husband the action survived to the wife, and upon her death, to' her heirs and devisees by whom a recovery of…
2Cases cited2 opinions
- Doe on Dem. of King v. LittleSupreme Court of North Carolina · 1868
- Little v. . KingSupreme Court of North Carolina · 1870
3Cited by1 opinion
- Matthews v. . CopelandSupreme Court of North Carolina · 1878