Den Ex D. Motley v. . Whitemore
Supreme Court of North Carolina
This was an action of ejectment, in which the following facts were submitted to his Honor Judge Saunbers, at Caswell, on the last Circuit. The plaintiff’s lessors claimed title to the land in controversy, by virtue of a judgment, execution, and sheriff’s deed; and produced the records of two judgments, rendered in Caswell County Court, in favour of himself and one Nannally, at July Term, 1833, against the administrators of Louis White-more, deceased.
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This was an action of ejectment, in which the following facts were submitted to his Honor Judge Saunbers, at Caswell, on the last Circuit. The plaintiff’s lessors claimed title to the land in controversy, by virtue of a judgment, execution, and sheriff’s deed; and produced the records of two judgments, rendered in Caswell County Court, in favour of himself and one Nannally, at July Term, 1833, against the administrators of Louis White-more, deceased. It appeared, that the administrator, among other things, had relied on the plea of fully administered, which had been found for him; and…
1Opinion of the Court
Gaston, Judge.
We entirely approve of the opinion expressed by his Honor below. When lands are conveyed to husband and wife, they have not a joint estate, but they hold by entireties. Being in law but one person, they have each the whole estate as one person; and on the death of either of them, the whole estate continues in the survivor. This was settled, at least as far back as the reign of Edward the 3rd, as appears from the case on the petition of John Hawkins, as the heir of Joan Ocle, quoted by Lord Coke, 1 Inst. 187 a. (See Buck v. Andrews, 2 Vern. 120. Doe on dem. Freestone v. Parratt,…
2Cited by29 opinions
- Davis v. . BassSupreme Court of North Carolina · 1924
- Turlington v. LucasSupreme Court of North Carolina · 1923
- McKinnon, Currie & Co. v. CaulkSupreme Court of North Carolina · 1914
- North Carolina Board of Architecture v. LeeSupreme Court of North Carolina · 1965
- Freeman v. BelferSupreme Court of North Carolina · 1917
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