Hodge v. . Powell
Supreme Court of North Carolina
This was a petition eok doweu, tried before Avery, Judge, at Spring Term, 1886, of Ruthebeokd Superior Court, the cause having been transferred to the Civil Issue Docket of the said Court, to be tried in Term time, upon issues of law and fact, raised in the pleadings.
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This was a petition eok doweu, tried before Avery, Judge, at Spring Term, 1886, of Ruthebeokd Superior Court, the cause having been transferred to the Civil Issue Docket of the said Court, to be tried in Term time, upon issues of law and fact, raised in the pleadings. The only controversy in this Court, is in reference to the tract of land claimed by the defendant Twitty, and both the petitioner and defendant Twitty admit title in Hawkins, prior to September 1st, 1879. The petitioner alleges: “ 1. That she was married to one Crowder Hawkins in the year 1863 and lived and cohabited with him…
1Opinion of the Court
Davis, J.,
(after stating the facts). The law favors dower, and is careful to protect the rights of married women and widows.
We take it to be well settled that a married woman, being under disabilities to contract, cannot be estopped by anything in the nature of a contract, but where she does anything in a matter affecting her rights, upon which a person dealing with her might reasonably rely, and upon which he did rely, she cannot protect herself by the disability of coverture, and claim all the benefits of the transaction, and repudiate all that is against her, while withholding and enjoying…
2Cases cited5 opinions
- Burns v. . McGregorSupreme Court of North Carolina · 1884
- Scott v. . BattleSupreme Court of North Carolina · 1881
- Towles v. . FisherSupreme Court of North Carolina · 1877
- Clayton v. . RoseSupreme Court of North Carolina · 1882
- Boyd v. . TurpinSupreme Court of North Carolina · 1886
3Cited by14 opinions
- Pridgen v. . PridgenSupreme Court of North Carolina · 1925
- Greensboro Morris Plan Co. v. PalmerSupreme Court of North Carolina · 1923
- Millsaps v. . EstesSupreme Court of North Carolina · 1905
- Walker v. . BrooksSupreme Court of North Carolina · 1888
- Millsaps v. EstesSupreme Court of North Carolina · 1905
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