Giles v. Hunter
Supreme Court of North Carolina
Civil ACTION, tried at the February Term, 1888,'of the Superior Court of MadisoN County, before MacRae, J. The plaintiff alleged, in substance, and offered testimony tending to prove: 1. That she was married to one J. M. Giles before the Constitution of 1868 was adopted. 2. That at the time of her said marriage there was due her (arising from the sale of negroes and personal property and land) from the estate of her father, who died prior to the year 1854, a considerable sum…
Read the full summary
Civil ACTION, tried at the February Term, 1888,'of the Superior Court of MadisoN County, before MacRae, J. The plaintiff alleged, in substance, and offered testimony tending to prove: 1. That she was married to one J. M. Giles before the Constitution of 1868 was adopted. 2. That at the time of her said marriage there was due her (arising from the sale of negroes and personal property and land) from the estate of her father, who died prior to the year 1854, a considerable sum of money, a part of which was in the hands of the administrator of her father, and a part was due her from her…
1Opinion of the CourtAvery, J.
(after stating the case). The plaintiff asks for judgment upon the verdict on the ground that the consideration of the deed executed Ivy Hannah McDowell to NJames M. Giles, the- plaintiff’s husband, on the 8th of September, 1868, was the assignment by her of her interest in a fund arising from the sale of the property of her father, who died prior to the year 1858.
The plaintiff was married to Giles before the Constitution of 1868 became a law. The husband could, therefore, have acquired the absolute title to his wife’s personal property by reducing it to possession. If the money arising from…
2Cases cited3 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Black v. . JusticeSupreme Court of North Carolina · 1882
- Hackett v. . ShufordSupreme Court of North Carolina · 1882
3Cited by5 opinions
- Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
- Christopher St. R. Co. v. . 23d St. R. Co.New York Court of Appeals · 1896
- Loyd v. LoydSupreme Court of North Carolina · 1893
- Randolph v. . RandolphSupreme Court of North Carolina · 1890
- Loyd v. . LoydSupreme Court of North Carolina · 1893