O'Kelly v. . Williams
Supreme Court of North Carolina
Civil ActioN to recover land tried at Fall Term, 1880, of Chatham Superior Court, before Eure, J. A jury trial was waived, and the cause was submitted upon a case agreed, which is as follows, to-wit: 1. The defendant acquired the fee simple title to the lands described in the plaintiff's complaint, on the first day of November, 1867, and that on the 6th of October, 1876, defendant, by deed, mortgaged said land to Duncan E. Parish, to secure a debt of "one hundred and thirty…
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Civil ActioN to recover land tried at Fall Term, 1880, of Chatham Superior Court, before Eure, J. A jury trial was waived, and the cause was submitted upon a case agreed, which is as follows, to-wit: 1. The defendant acquired the fee simple title to the lands described in the plaintiff's complaint, on the first day of November, 1867, and that on the 6th of October, 1876, defendant, by deed, mortgaged said land to Duncan E. Parish, to secure a debt of "one hundred and thirty dollars, contracted on the 80th day of October, 1875, and that defendant's entire real estate does not exceed one…
1Opinion of the CourtAshe, J.
The only question raised by the appeal from the judgment upon the case agreed, is whether the wife of the defendant is entitled to dower.
The wife is not a party to this action, but the defendant husband sets upa claim for her dower under the act of 1867, the first section of which gave to her the one-third of all the lands, <fec., of which he was seized or possessed at any time during the coverture, and the second-section prohibited the husband from alienating more than two-thirds of the same, unless she joined with him in the conveyance, and was privately examined touching her free and…
2Cases cited3 opinions
- A. T. Bruce & Co. v. StricklandSupreme Court of North Carolina · 1879
- W. M. Sutton v. . J. A. J. AskewSupreme Court of North Carolina · 1872
- Hughes v. . MerrittSupreme Court of North Carolina · 1872
3Cited by18 opinions
- Hallyburton v. Slagle.Supreme Court of North Carolina · 1903
- Silberman v. Jacobs & SilbermanCourt of Appeals of Maryland · 1970
- Wooten v. . HillSupreme Court of North Carolina · 1887
- House v. . ParkerSupreme Court of North Carolina · 1921
- Guilford Lumber Manufacturing Co. v. HolladaySupreme Court of North Carolina · 1919
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