Gatewood v. . Tomlinson
Supreme Court of North Carolina
Civil action, heard on demurrer to the complaint, before Whitaker, I, at May Term, 1893, of ÁNSON Superior Court. The demurrer was sustained, and plaintiffs appealed. The facts are succinctly stated in the opinion of Associate Justice Burwell.
1Opinion of the Court
Burwell, J.:
The plaintiffs were married in 1856; the husband acquired land in 1874; it was sold under execution against him in 1889; the defendant purchased it at the sale, and the feme plaintiff asks that her dower in this land be allotted to her. The summons was returnable to the Superior Court in term, and not before the Clerk.
A married woman’s rights in her husband’s lands are fixed by the statute. She has none therein except such as are thus secured to her. The act, which is applicable here-(77ie Code, §2103), provides that upon the death of her husband, the plaintiff shall be entitled…
2Cases cited1 opinion
- Susan Felton v. . William L. ElliottSupreme Court of North Carolina · 1872
3Cited by9 opinions
- Rodman v. Robinson.Supreme Court of North Carolina · 1904
- Linebarger v. Linebarger.Supreme Court of North Carolina · 1906
- American Blower Co. v. MacKenzieSupreme Court of North Carolina · 1929
- Barber v. . BarberSupreme Court of North Carolina · 1928
- Jackson v. StallingsSupreme Court of Georgia · 1929
4 more not listed; retrieve them via the Exa API.