Reitzel v. . Eckard
Supreme Court of North Carolina
Petition for Dower upon a case agreed, heard before Mitchell, J, at Spring Term, 1871, of Catawba Superior Court. The facts were: the plaintiff was the widow of one Daniel Eckard, and afterwards intermarried with one Reitzel. William Eckard, the father of Daniel, died in 1838, seized and possessed of several tracts of land, which, under an order of Court was partitioned amongst his heirs at law.
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Petition for Dower upon a case agreed, heard before Mitchell, J, at Spring Term, 1871, of Catawba Superior Court. The facts were: the plaintiff was the widow of one Daniel Eckard, and afterwards intermarried with one Reitzel. William Eckard, the father of Daniel, died in 1838, seized and possessed of several tracts of land, which, under an order of Court was partitioned amongst his heirs at law. The part allotted to Daniel, the former husband of the plaintiff, included ■this homestead. This partition was made in 1839. Daniel Eckard went into possession of the homestead in 1839, and continued…
1Opinion of the Court
Pearson, O. J.
Dos de dote peti non débet, is a maxim of the common law. The principle on which it rests is this: although by the descent, the seizure is cast upon the heir, yet when dower is assigned to the widow, her estate is an elongation of the estate of the husband ; and her seizure relates back,, so as wholly to deleat the seizure of the heir; and in respect to the part of which dower is assigned, the heir was not in contemplation of law, seized at any time during coverture.
The following passage from Littleton, renders all further illustration unnecessary: If a disseizor die seized, and…
2Cited by2 opinions
- Etheridge v. EtheridgeCourt of Appeals of North Carolina · 1979
- Geer v. HamblinSuperior Court of New Hampshire · 1808