Campbell v. . Murphy
Supreme Court of North Carolina
Cause removed from tbe Court of Equity of New-Hanover County. Tbe bill was filed at tbe Spring Term, 1851, seeking tbe assignment of dower in a valuable lot in tbe town of Wilmington. Tbe plaintiff intermarried with ber late husband, Mars-den Campbell, in the year 1834, and very shortly after that they removed to tbe State of Louisiana, and have never since returned to North Carolina.
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Cause removed from tbe Court of Equity of New-Hanover County. Tbe bill was filed at tbe Spring Term, 1851, seeking tbe assignment of dower in a valuable lot in tbe town of Wilmington. Tbe plaintiff intermarried with ber late husband, Mars-den Campbell, in the year 1834, and very shortly after that they removed to tbe State of Louisiana, and have never since returned to North Carolina. On tbe 18th of October, 1841, Marsden Campbell, tbe husband, died seized in fee of air equity of redemption to tbe lot in question. Tbe lot bad been mortgaged to one Ilolmes, in 1834, and at tbe time of Mars-den…
1Opinion of the CourtPeabsoN, J.
The right of a widow to dower is a legal one, for which there is a remedy at law. But the inconveniences attending assignment at law, the necessity in almost every case for a discovery, by reason of the fact that the title deeds belonged to the heir, and for an account of the mesne profits, when any length of time intervened from the death of the husband to the time of the assignment, gave rise to a convenient jurisdiction in Equity, where complete relief is given; with the exception that, if the title of the plaintiff to be endowed be denied by the answer, that right must be sent to a Court…
2Cited by15 opinions
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- Virginia-Carolina Chemical Co. v. WalstonSupreme Court of North Carolina · 1924
- Holt v. . LynchSupreme Court of North Carolina · 1931
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