Bateman v. . Latham
Supreme Court of North Carolina
Appeal from the Court of Equity of 'Washington County, Fall Term, 1856. Maria Gregory, by the will of her father, Samuel Gregory, became seized in fee as a tenant in common with Frederick Gregory, Mackey Gregory, and Mary Gregory, as tenants in common of a tract of land lying in Chowan County.
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Appeal from the Court of Equity of 'Washington County, Fall Term, 1856. Maria Gregory, by the will of her father, Samuel Gregory, became seized in fee as a tenant in common with Frederick Gregory, Mackey Gregory, and Mary Gregory, as tenants in common of a tract of land lying in Chowan County. The said Maria Gregory intermarried- with Nathaniel J. Beasley, and died, leaving the plaintiff, Martha Elizabeth Beasley, her only child and heir-at-law, and the said Nathaniel J. Beasley became tenant by the curtesy to all the land, of which his wife, the said Martha, died seized. The said Martha…
1Opinion of the CourtBattle, J.
The proceeds of land sold for partition under the provisions of the Revised Statutes, ch. 85, sec. 1, (Revised Code, ch. 82, sec. 7,) to which an infant is entitled, remain real estate until he or she comes of age and elects to take them as money. Scull v. Jernigan, 2 Dev. and Bat. Eq. 144; Dudley v. Winfield, Bus. Eq. 91. In the present case the plaintiff came of age before she married, but there is no testimony to show that she elected to take the proceeds of her land as money; on the contrary, it appears that her guardian had wasted them, and she and her husband were compelled to sue upon…
2Cited by4 opinions
- McLean v. . LeitchSupreme Court of North Carolina · 1910
- State Ex Rel. Allison v. RobinsonSupreme Court of North Carolina · 1878
- Brown v. CowperSupreme Court of North Carolina · 1957
- Wood v. . ReevesSupreme Court of North Carolina · 1859