Caroon, Adm'r v. . Cooper and Others
Supreme Court of North Carolina
Rill in equity, set for bearing upon bill and answers, and by consent transferred to this Court, at Fall Term 1868 of the ■Superior Court of Tyrrell. The plaintiff was administrator of one Joseph Caroon; the defendants Cooper and another were executors of one Davenport, and the other defendants were the widow and children •of Joseph Caroon.
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Rill in equity, set for bearing upon bill and answers, and by consent transferred to this Court, at Fall Term 1868 of the ■Superior Court of Tyrrell. The plaintiff was administrator of one Joseph Caroon; the defendants Cooper and another were executors of one Davenport, and the other defendants were the widow and children •of Joseph Caroon. The bill alleged that Joseph Caroon in his life time had purchased of the executors of Davenport a tract of land sold by them under an order of Court, but had died leaving a large part of the price unpaid, the title remaihing untransferred; that the…
1Opinion of the CourtSettle, J.
“ When a man shall be seized of a legal right •of redemption, or of an equity of redemption, or other equitable or trust estate in fee, his wife shall be entitled to dower therein, subject to valid incumbrances thereon, in the same manner as in legal estates of inheritance.” Rev. Code, ch. 118, sec. 6.
In the case before us, the widow’s right to dower is clear; .subject, however, to the incumbrance of the purchase money_
The learning on this subject is discussed at length in the cases of Thompson v. Thompson, 1 Jon. 430, and Campbell v. Murphy, 2 Jon. Eq. 351. In Thompson v. Thompson, Chief…
2Cited by14 opinions
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- In re MunfordDistrict Court, E.D. North Carolina · 1919
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