Ray v. Long.
Supreme Court of North Carolina
ActioN by IT. PL Ray and Elizabeth Ray, his wife, against J. A. Long, heard by Judge W. A. JEolce and a jury, at September Term, 1900, of Alamance County Superior Court. J. A. Long purchased the land in controversy on an execution sale to satisfy a judgment docketed against H. M. Ray. In an action brought on the ejectment, sale, and deed. TI. Pi-Ray was ejected from the land, and the defendant Long put in possession under writ of the Court. II.
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ActioN by IT. PL Ray and Elizabeth Ray, his wife, against J. A. Long, heard by Judge W. A. JEolce and a jury, at September Term, 1900, of Alamance County Superior Court. J. A. Long purchased the land in controversy on an execution sale to satisfy a judgment docketed against H. M. Ray. In an action brought on the ejectment, sale, and deed. TI. Pi-Ray was ejected from the land, and the defendant Long put in possession under writ of the Court. II. PL Ray and wife then instituted this action, contending that the wife, Elizabeth Ray, had paid part of the purchase-money, under which her husband,…
1Opinion of the CourtClaeic, J.
Exceptions 4 and 5 must be sustained. It was error when his Honor told the jury, “If, when the land was bought and deed taken from Thomas H. Long, if it was done under an agreement that husband and wife were to hold by entireties,” or “to hold an interest in the land according to the amount of her payment,” the wife was entitled to the land, or the half thereof (as the case might be). The marriage having taken place since 1868, he should have said to the jury, as laid down in Kirkpatrick v. Holmes, 108 N. C., 206, and approved in Ross v. Hendrix, 110 N. C., 405: “If her separate estate went…
2Cases cited2 opinions
- Kirkpatrick v. HolmesSupreme Court of North Carolina · 1891
- Ross v. . HendrixSupreme Court of North Carolina · 1892
3Cited by8 opinions
- Kelly Springfield Tire Co. v. LesterSupreme Court of North Carolina · 1925
- Spence v. . Pottery Co.Supreme Court of North Carolina · 1923
- Speas v. . WoodhouseSupreme Court of North Carolina · 1913
- Ray v. Long.Supreme Court of North Carolina · 1903
- Tyndall v. . TyndallSupreme Court of North Carolina · 1923
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