Den Ex Dem. Paul v. Ward
Supreme Court of North Carolina
EjectmeNT, iriecl Spring term, 1833, at Washington, before Norwood, Judge. It appeared on the trial that John Dorsy, an Irishman, came to the United States in 1798, removed from Peters-burg,Virginia, to this State in 1800, and in 1801 intermarried withtlie lessor of the plaintiff alsoa native ofireland, then 22 years old.
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EjectmeNT, iriecl Spring term, 1833, at Washington, before Norwood, Judge. It appeared on the trial that John Dorsy, an Irishman, came to the United States in 1798, removed from Peters-burg,Virginia, to this State in 1800, and in 1801 intermarried withtlie lessor of the plaintiff alsoa native ofireland, then 22 years old. Dorsey became possessed of several lots in Plymouth, and among them of the lot in dispute, (No. 120,,) and died so possessed in 1805. Jfancy, the widow filed her petition for dower in the County Court of Washington, andthe lotNo. 120, Svas allotted to her. She intermarried…
1Opinion of the Court
Rueein, Chief-Justice.
The instructions given the jury are general, that upon the whole case, as appearing upon the evidence, the plaintiff was entitled to recover. If there be, then, a defect in the title of the -lessor of the plaintiff, upon any ground the instruction was erroneous.
For the defendant two objections are made to it: the one founded upon the alienage of the lessor of the plaintiff, and the other upon that of her husband, under whom s}¡e c]a;ms dower.
The law seems to be settled, that an alien cannot take by descent, curtesy, dower or other title derived merely from the law. (7…
2Cited by1 opinion
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