Malloy v. . Bruden
Supreme Court of North Carolina
Civil Action to recover land tried at Spring Term, 1881, of Richmond Superior Court, before Gudger, J. Archibald Fairley died in 1831, seized of the lands in controversy, and leaving a widow and an infant child Mary Ann-The lands consisted of several distinct, but contiguous tracts, two of which were allotted as dower to his widow, who took possession thereof, and continued it until her death in 1857, she having in the meantime intermarried with one Stewart.
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Civil Action to recover land tried at Spring Term, 1881, of Richmond Superior Court, before Gudger, J. Archibald Fairley died in 1831, seized of the lands in controversy, and leaving a widow and an infant child Mary Ann-The lands consisted of several distinct, but contiguous tracts, two of which were allotted as dower to his widow, who took possession thereof, and continued it until her death in 1857, she having in the meantime intermarried with one Stewart. The daughter, Mary. Ann, was born in 1827, and was married to Alexander Malloy in 1842, by whom she had one child, Alexander Malloy,…
1Opinion of the CourtRuffin, J.
Prom the manner of stating the case on appeal, it is apparent, we think, that the new trial was given to the defendants, in the court below, not as a matter of discretion on the. part of the judge, but because it was thought that, in law, they were entitled to it j and that Iiis Honor anticipated, and intended' that the correctness of his action in that particular, should become the subject of review in this court, as a question of law. So understanding it, we have considered the question, w’hich otherwise we should not have assumed to do.
As to the remark made to counsel by the judge, at the…
2Cited by21 opinions
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- Whitman v. ShawMassachusetts Supreme Judicial Court · 1896
- Graves v. . CauseySupreme Court of North Carolina · 1915
- Reorganized Church of Jesus Christ of Latter-Day Saints v. Church of ChristU.S. Circuit Court for the District of Western Missouri · 1894
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