Legal Opinion

McCaskill v. . McCormac

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 2 opinions

Tenant by the Curtesy — His Interest liable to Execution. ActioN or EJECTMENT, tried before Clark, J., at May Term, 1887, of the Superior Court of RobesoN County.

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Tenant by the Curtesy — His Interest liable to Execution. ActioN or EJECTMENT, tried before Clark, J., at May Term, 1887, of the Superior Court of RobesoN County. The plaintiff offered ’in evidence a judgment in favor of R. McCaskill, executor of Malcom Powell, against the defendant, an execution issued on such judgment, a levy on the lands described in the complaint, sale of the same by the Sheriff, and Sheriff’s deed (deeds) conveying said lands to plaintiff, as purchaser at said sale, and dated June 1st, 1885— one conveying all the lands of the said defendant, outside of his homestead, and…

1Opinion of the Court

Davis, J.,

(after stating the facts as above). The single, and only question before us, is as to whether his Honor was correct in refusing to give the charge asked for by the defendant.

It is insisted for the defendant, that under the Act of 1848 (Code, § 1840,) the sale made by the Sheriff, under which the plaintiff purchased, was void. Under the provisions of that Act, no real estate belonging to a married woman “ shall be subject to be sold or leased by the husband, for the term of his own life, or any l§ss term of years, except by and with the consent of the wife, first had and obtained, to…

2Cases cited5 opinions

  1. Morris v. . MorrisSupreme Court of North Carolina · 1886
  2. Wilson v. ArentzSupreme Court of North Carolina · 1874
  3. Jones and Wife v. . CarterSupreme Court of North Carolina · 1875
  4. Long v. . GraeberSupreme Court of North Carolina · 1870
  5. Teague and Wife v. . DownsSupreme Court of North Carolina · 1873

3Cited by2 opinions

  1. Thompson v. . WigginsSupreme Court of North Carolina · 1891
  2. Jones v. . CoffeySupreme Court of North Carolina · 1891

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