Brinkley v. Spruill
Supreme Court of North Carolina
Aotiow by Ellen Brinkley against N. W. Spruill and others, heard by Judge Walter TI. Neal and a jury, at October Term, 1901, of the Superior Court of Washington County. Plaintiff’s husband agreed to deed certain land to plaintiff if she would marry him, and after her promise to do so, but before marriage, conveyed the land, without consideration, to his children by a former wife; such conveyance being recorded before the marriage.
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Aotiow by Ellen Brinkley against N. W. Spruill and others, heard by Judge Walter TI. Neal and a jury, at October Term, 1901, of the Superior Court of Washington County. Plaintiff’s husband agreed to deed certain land to plaintiff if she would marry him, and after her promise to do so, but before marriage, conveyed the land, without consideration, to his children by a former wife; such conveyance being recorded before the marriage. Sixteen years thereafter he made another conveyance of the property to plaintiff, but prior to such conveyance one of the children had sold his undivided interest…
1ConcurrenceClark, J.
The only marital right which a woman has in her husband’s realty is to dower of a life estate in one-third thereof, should she survive him. The feme plaintiff’s claim, therefore, can not be based upon a fraud upon her marital rights, for she is not a widow, and she is suing for a fee simple in one-half of his realty. The basis of her claim is an oral executory contract alleged to have been made by one, afterwards her husband, to convey one-half of his realty to her, in consideration of marriage, a promise, if made, which was not executed by deed for sixteen years after the marriage. She seeks…
2Cases cited1 opinion
- Brinkley v. Brinkley.Supreme Court of North Carolina · 1901