Jones v. Smith
Supreme Court of North Carolina
ActioN tried before Ward, J., and a jury, October Term, 1908, of Wilkes. The plaintiffs are husband and wife, and were at the time of the transactions hereinafter mentioned. The plaintiff J•M. Tones, the husband, who is only a nominal party to the action, contracted to cut certain timber from a tract of land owned by him and his wife as tenants by entirety and deliver it at the defendant’s mill for a price fixed in the contract.
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ActioN tried before Ward, J., and a jury, October Term, 1908, of Wilkes. The plaintiffs are husband and wife, and were at the time of the transactions hereinafter mentioned. The plaintiff J•M. Tones, the husband, who is only a nominal party to the action, contracted to cut certain timber from a tract of land owned by him and his wife as tenants by entirety and deliver it at the defendant’s mill for a price fixed in the contract. The timber was cut and delivered to defendant and he paid for the same. It was agreed by the parties that the timber should be sold and the proceeds of sale should be…
1Opinion of the Court
AValicer, ■}.,
áfter stating the case: The plaintiffs, as husband- and wife, were seized of the land, including the timber, not properly as joint tenantsSmith or tenants in common, but as tenants by entirety, for being considered as one.person in law they can not take the estate in moities, but both are seized of the entirety, that is, per tout, el non per my, the consequence of which is that neither the husband nor the wife can dispose ,of any part without the assent of the other, but the whole must remain to the survivor. 8 Blk, 182. In 1 Washburn on Real Property (5 Ed.), p.706, it is said:…
2Cases cited4 opinions
- Bruce v. . NicholsonSupreme Court of North Carolina · 1891
- West v. RailroadSupreme Court of North Carolina · 1906
- Long v. . BarnesSupreme Court of North Carolina · 1882
- Bynum v. Wicker.Supreme Court of North Carolina · 1906
3Cited by12 opinions
- McKinnon, Currie & Co. v. CaulkSupreme Court of North Carolina · 1914
- Freeman v. BelferSupreme Court of North Carolina · 1917
- Brennen v. CommissionerUnited States Tax Court · 1945
- Citizens' Savings Bank & Trust Co. v. JenkinsSupreme Court of Vermont · 1916
- Capps v. . MasseySupreme Court of North Carolina · 1930
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