Legal Opinion

Jones v. . Coffey

Supreme Court of North Carolina

Decided September 5, 1891PublishedCited by 8 opinions

This was a civil action brought for the recovery of a tract of land, tried at the Special June Term, 1891, of the Superior Court of Watauga County, before Hoke, J. The action was commenced March 18,1889. The plaintiff offered as evidence of title— 1. G-rant from the State to Samuel Patton, dated December 10th, 1852, for the land in controversy. 2. A deed from Levi Hefner and wife Mary, and D. E. ICaylor and wife Sarah, bearing date January 12th, 1882. Evidence was offered to…

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This was a civil action brought for the recovery of a tract of land, tried at the Special June Term, 1891, of the Superior Court of Watauga County, before Hoke, J. The action was commenced March 18,1889. The plaintiff offered as evidence of title— 1. G-rant from the State to Samuel Patton, dated December 10th, 1852, for the land in controversy. 2. A deed from Levi Hefner and wife Mary, and D. E. ICaylor and wife Sarah, bearing date January 12th, 1882. Evidence was offered to show that the only heirs at law of said Samuel Patton were said Mary Hefner and Sarah ICaylor, his daughters, who were…

1Opinion of the Court

Avery, J.:

In Cecil v. Smith, 81 N. C., 285, Justice Dillard, for the Court, said: “ The husband has not, under the present Constitution and laws, nor has he had since the Act of 1848 (passed March 1st, 1849), any interest in the real estate of his wife, which he could sell or lease for life, or any less term of years, except by deed joined by the wife and with her privy examination, and as to the sale of any supposed interest of the husband in the lands of his wife by execution against him, it was declared by said statute, which is still in force and brought forward in Battle’s Revisal (ch.…

2Cases cited9 opinions

  1. Manning v. . ManningSupreme Court of North Carolina · 1878
  2. Whissenhunt v. . JonesSupreme Court of North Carolina · 1878
  3. Sherrill v. . ConnorSupreme Court of North Carolina · 1890
  4. Cecil v. . SmithSupreme Court of North Carolina · 1879
  5. Reed v. . ExumSupreme Court of North Carolina · 1881

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Marshal v. Dalton Paper MillsSupreme Court of Vermont · 1909
  2. Smith v. WhittleseySupreme Court of Connecticut · 1906
  3. Hooper v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1925
  4. Taylor v. . TaylorSupreme Court of North Carolina · 1893
  5. Hodgin v. RailroadSupreme Court of North Carolina · 1906

3 more not listed; retrieve them via the Exa API.

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