Horne v. Horne

The question posed for determination on this appeal is whether or not the respondent Jesse Brady Horne is entitled to have the entire 46 acre tract of land partitioned between the two tenants in common, subject to the dower of Hettie Griffin Horne.

It is provided in pertinent part by G.S. 46-15: “When there is dower or right of dower on any land, petitioned to be sold or divided in sever-alty by actual partition, the woman entitled to dower or right of dower therein may join in the petition. The land to be divided in severalty shall be allotted to the tenants in common * * * subject to the…