Susan Felton v. . William L. Elliott
Supreme Court of North Carolina
This was an appeal from the decision of His Honor Judge Pool, rendered at Fall Term 1871, of Perquimans Superior Court. In 1866 the defendants recovered a judgment against Wm.
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This was an appeal from the decision of His Honor Judge Pool, rendered at Fall Term 1871, of Perquimans Superior Court. In 1866 the defendants recovered a judgment against Wm. Felton, the present husband of tbe plaintiff; execution issued thereon and a levy was made on the land in question; this execution was returned and writs of ven. ex. were regularly issued and kept up until a sale thereunder ; the land was sold,it does not appear clearly from the record, when, hut it is to be'inferred, after the passage of the Act of 1866-’67, chap. 54, concerning dower; the husband of the plaintiff…
1Opinion of the CourtPearson, C. J.
The judgment in the Court below is affirmed and the appeal dismissed for three reasons.
I. The summons issued 5th May, 1871, and demands dower under the Act ratified 2d March, 1867, which act is repealed by Act 1868-69, (page 217.) The case cannot fall under the last act concerning dower, for, the husband is still alive,
II. The proceeding is commenced by summons returnable before the Judge in term time, whereas, beiDg a “special proceeding ” for dower, it ought to have been made returnable5 before the Clerk.
III. The appeal is allowed without a prosecution bond, the plaintiff being allowed to…
2Cited by4 opinions
- Gatewood v. . TomlinsonSupreme Court of North Carolina · 1893
- Rook v. . HortonSupreme Court of North Carolina · 1925
- Hughes v. . MerrittSupreme Court of North Carolina · 1872
- Higdon v. . HigdonSupreme Court of North Carolina · 1934