Legal Opinion

Cawfield v. Owens.

Supreme Court of North Carolina

Decided December 10, 1901PublishedCited by 18 opinions

ActioN by Sarah Cawfield against Amos Owens and May Owens, heard by Judge M. H. Justice and a jury, at September.. Term, 1901, of the Superior Court of Ruthekfoed County. Erom a judgment for the plaintiff, the defendant Mary Owens appealed.

1Opinion of the CourtClaRK, J.

A deed, made in 1854 but improperly probated, was ruled out. Thereupon, it was immediately re-probated in proper form, and was then introduced in evidence. There is no valid objection to. this-.

The grantee in said deed executed a mortgage in 1881 without joinder of his wife. The property having been •acquired in 1854, and it appearing from her answer, averring that the land was-bought by her husband with her sepa rate property, that sbe was then, married, the joinder of the wife was. not necessary to bar either dower or homestead. Askew v. Sutton, 66 N. C., 172; Shaffer v. Bledsoe, 117 N. C.,…

2Cases cited5 opinions

  1. Hyman v. . Devereux and OthersSupreme Court of North Carolina · 1869
  2. Parsons v. BoydSupreme Court of Alabama · 1852
  3. W. M. Sutton v. . J. A. J. AskewSupreme Court of North Carolina · 1872
  4. Carter v. . SlocombSupreme Court of North Carolina · 1898
  5. Shaffer v. BledsoeSupreme Court of North Carolina · 1895

3Cited by18 opinions

  1. Eubanks v. BectonSupreme Court of North Carolina · 1912
  2. Gregg v. WilliamsonSupreme Court of North Carolina · 1957
  3. Jenkins v. . GriffinSupreme Court of North Carolina · 1918
  4. Brown v. HutchinsonSupreme Court of North Carolina · 1911
  5. Douglas v. . RhodesSupreme Court of North Carolina · 1924

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