Holliday v. McMillan
Supreme Court of North Carolina
Civil ActioN tried at the Fall Term, 1877, of Richmond Superior Court, before Seymour, J. This action was originally brought by the wife of the plaintiff against the defendants, for the possession of certain personal property taken by them under an execution against her husband, and she having died the plaintiff administered on her estate and made himself party plaintiff.
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Civil ActioN tried at the Fall Term, 1877, of Richmond Superior Court, before Seymour, J. This action was originally brought by the wife of the plaintiff against the defendants, for the possession of certain personal property taken by them under an execution against her husband, and she having died the plaintiff administered on her estate and made himself party plaintiff. The plaintiff and his late wife intermarried before 1868. The property seized under the execution was given to plaintiff’s intestate by her father in 1871, and they were living together and using said; property at the time…
1Opinion of the Court
Read®, J.
Prior to 1868-’69 a widow was entitled to dower in the land of which her husband died, seized and possessed, and not as at common law of all the land of which he had been seized at any time during coverture. The act of 1868-’69 restored the common law right of dower. In Sutton v. Askew, 66 N. C., 172, it was held that the act of 1868-’69 did not operate to give the wife an inchoate right of dower where the marriage was before the statute, and the husband owned the land at the time of the marriage or before the statute, but that in such case the husband had the right to dispose of the…
2Cases cited2 opinions
- W. M. Sutton v. . J. A. J. AskewSupreme Court of North Carolina · 1872
- Kirkman v. Bank of GreensboroSupreme Court of North Carolina · 1877
3Cited by8 opinions
- Hallyburton v. Slagle.Supreme Court of North Carolina · 1903
- Morris v. . MorrisSupreme Court of North Carolina · 1886
- State Ex Rel. Carr v. AskewSupreme Court of North Carolina · 1886
- O'Connor v. . HarrisSupreme Court of North Carolina · 1879
- Lane v. . DavisSuperior Court of North Carolina · 1796
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