Moore, Ex Parte
Supreme Court of North Carolina
Dower, before Tourgee, I., under an interlocutory application by a creditor of the deceased, at Fall Term 1869 of ■ BookiNgham Court. The facts are stated in the opinion of the Court. His Honor having refused the application, the creditor appealed. cited Ramsour v. Ramsour 63 N. 0. 231.
1Opinion of the CourtRodman, J.
This is a petition for dower, and the petitioner is the widow, the executrix and the sole devisee of the testator. After the judgment for dower, and after the return of the inquisition assigning dower, Mary Bethel, a creditor of the testator, applied to become a party defendant, and to except to the admeasurement of dower as excessive. This was objected to and refused, and the only question is whether she should have been allowed to do so. We think she should have been. Whether, in case she had applied before the judgment for dower, to be made a party, in order that she might oppose that…
2Cited by4 opinions
- Pelletier v. . SaundersSupreme Court of North Carolina · 1872
- Welfare v. . WelfareSupreme Court of North Carolina · 1891
- Welfare v. WelfareSupreme Court of North Carolina · 1891
- Wetherell and Wife v. . Gorman .Supreme Court of North Carolina · 1875