Legal Opinion

Vance v. . Vance

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 4 opinions

This was a PROCEEDING commenced by the plaintiff before the Clerk of the Superior Court of Mecklenburg County for the purpose of having her dower allotted to her in the real estate of her husband, the late Honorable Z. B. Yance. The plaintiff filed her petition before the Clerk and the defendants answered the same.

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This was a PROCEEDING commenced by the plaintiff before the Clerk of the Superior Court of Mecklenburg County for the purpose of having her dower allotted to her in the real estate of her husband, the late Honorable Z. B. Yance. The plaintiff filed her petition before the Clerk and the defendants answered the same. Issues having been raised by the pleadings, the Clerk ordered the cause to be transferred to the Superior Court for trial, and the same was tried before his Honor, Henry R. Bryan, Judge, at the January Term, 1896, of Meoiclenburg Superior Court. The petition for dower filed before…

1Opinion of the Court

Montgomery, J.:

The defendants, in their answer to the petition for dower, admitted that the legal title to each and every lot or parcel of land described in the petition was in the husband at the time of his death; but they averred that one of the parcels, (the Bee Tree tract,) in equity belonged to them, and that the petitioner therefore was not entitled to dower therein. Issues of fact were raised by the pleadings, and under Section'256 of The Code the case was transferred to the Civil Issue Docket for trial. At January term, 1896, upon the case being called, the defendants’ counsel stated…

2Cases cited2 opinions

  1. McAdoo v. Callum Bros.Supreme Court of North Carolina · 1882
  2. Bragg v. . LyonSupreme Court of North Carolina · 1885

3Cited by4 opinions

  1. Pridgen v. . PridgenSupreme Court of North Carolina · 1925
  2. Austin v. Austin.Supreme Court of North Carolina · 1903
  3. Hoggard v. Jordan.Supreme Court of North Carolina · 1906
  4. Webster v. . WilliamsSupreme Court of North Carolina · 1910

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