Legal Opinion

Thomas v. . Thomas

Supreme Court of North Carolina

Decided August 5, 1849PublishedCited by 1 opinion

Appeal from the Superior Court oí Law of Iredell County, at the Fall Term 1848, his Honor Judge Moore presiding. The plaintiff filed her petition in Iredell County Court, setting forth, that she was the widow of John Thomas, Jun’r, who died intestate in 1845, leaving an infant daughter his only heir at law ; that the said John died, seized in fee of a tract of land described in the petition, and prayed that a writ of dower should issue to the sheriff of the said County,…

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Appeal from the Superior Court oí Law of Iredell County, at the Fall Term 1848, his Honor Judge Moore presiding. The plaintiff filed her petition in Iredell County Court, setting forth, that she was the widow of John Thomas, Jun’r, who died intestate in 1845, leaving an infant daughter his only heir at law ; that the said John died, seized in fee of a tract of land described in the petition, and prayed that a writ of dower should issue to the sheriff of the said County, commanding him to summon a jury to set apart to her dower in the said land. The petition also prayed that copies of the…

1Opinion of the CourtNash, J.

We concur with his Honor in the opinion appealed from. The plaintiff filed her petition to procure an apportionment of dower in the land set forth in it. She states, that she is the widow of John Thomas, who was the son of the defendant, and that he died seized and possessed of the land described in the petition. The defendant filed a special plea, setting forth, that his son, John, was not, at the time of his death, seized and possessed of the land in controversy, but that he was. On the trial of the issue joined between the parties, the plaintiff offered to prove, after notice to the…

Also in this document: Per curiam.

2Cited by1 opinion

  1. Tate v. . TateSupreme Court of North Carolina · 1834

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