Legal Opinion

Harris v. . Russell

Supreme Court of North Carolina

Decided May 2, 1899PublishedCited by 6 opinions

CoNTROVjsbsy, witbout action, under Tbe Code, Section 567, submitted to Goble, J., in tbe Superior Court of Meck-lenburg County, and decided at Chambers, April 13, 1899, on tbe following: AGREED STATEMENT OK FACTS, Etc.

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CoNTROVjsbsy, witbout action, under Tbe Code, Section 567, submitted to Goble, J., in tbe Superior Court of Meck-lenburg County, and decided at Chambers, April 13, 1899, on tbe following: AGREED STATEMENT OK FACTS, Etc. Tbe following are tbe facts agreed upon between tbe plaintiff and tbe defendant in tbe above entitled cause for tbe purpose of submitting a controversy witbout action, as provided for by Section 567 of Tbe Code. 1. Tbat S. A. Harris and E. 0. Wbarton entered into a marriage contract on tbe 22nd day of June, 1868, which was duly recorded in tbe office of tbe Register of Deeds…

1Opinion of the CourtEaircloth., C. J.

Controversy without action under The Code, Section 567. Plaintiff’s father, in 1868, entered into a marriage contract (Exhibit A.) with his intended wife, in which he stipulated that if she survived him “then in that case she should be entitled to the use, possession and enjoyment of the lot owned by him” (Lot No. 54, in Square 8, of the City of Charlotte) “with all the improvements thereon, for and during the term of her natural life, and at her death said real estate to descend to the heirs at law of said party of the first part,” the plaintiffs father, who died in 1870. The widow is still…

2Cases cited3 opinions

  1. Rives v. . FrizzleSupreme Court of North Carolina · 1852
  2. Devane v. . LarkinsSupreme Court of North Carolina · 1857
  3. Brinson v. . WhartonSupreme Court of North Carolina · 1851

3Cited by6 opinions

  1. Chas. W. Priddy & Co. v. SanderfordSupreme Court of North Carolina · 1942
  2. Estate of Loftin v. LoftinSupreme Court of North Carolina · 1974
  3. Linker v. . LinkerSupreme Court of North Carolina · 1938
  4. James v. . HookerSupreme Court of North Carolina · 1916
  5. Stewart v. . StewartSupreme Court of North Carolina · 1942

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