Overton v. . Hinton
Supreme Court of North Carolina
Petition for dower instituted before the Clerk of the Superior Court of Camden County and transferred to the Court at Term for the trial of an issue of fact involving the widow’s right to dower, tried before Norwood, J., at Spring Term, 1898. His Honor intimated, that upon the showing made the petitioner could not recover — thereupon she excepted, submitted to a non-suit, and appealed. STATEMENT.
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Petition for dower instituted before the Clerk of the Superior Court of Camden County and transferred to the Court at Term for the trial of an issue of fact involving the widow’s right to dower, tried before Norwood, J., at Spring Term, 1898. His Honor intimated, that upon the showing made the petitioner could not recover — thereupon she excepted, submitted to a non-suit, and appealed. STATEMENT. After statement of the case, as follows, before Nor-wood, J.: The plaintiff is the widow of the late Mitchell Overton, and filed her petition before the Clerk for dower, alleging that her husband…
1Opinion of the Court
Douglas, J.:
This was a special proceeding for the assignment of dower. Upon the trial in the Superior Court his Honor intimated that the plaintiff could not recover. Thereupon the plaintiff submitted to a non-suit and appealed. Summons for the defendants were issued to Camden County on the 16th day of November, 1896, and to Pasquotank County on the day follow ing. On the 23rd day of November, after the issue of summons but before its return day, the defendant C. L. Hinton, through some one else, sold the land in question under a deed of trust executed during his life by the husband of the…
2Cases cited6 opinions
- Creecy v. . Pearce, Adm'r .Supreme Court of North Carolina · 1873
- Caroon, Adm'r v. . Cooper and OthersSupreme Court of North Carolina · 1869
- Ruffin v. . CoxSupreme Court of North Carolina · 1874
- Askew v. . AskewSupreme Court of North Carolina · 1889
- Thompson v. . ThompsonSupreme Court of North Carolina · 1854
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- In re MunfordDistrict Court, E.D. North Carolina · 1919
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