Potter v. . Everitt
Supreme Court of North Carolina
Cause transmitted from the Court of Equity of New Hanover County, at the Spring Term 1850. The bill, which was filed in June 1847, in the Court of Equity of New Hanover County, states, in substance: That Samuel Potter departed this life sometime in the month of May 1847 ; that the said Samuel Potter died, intestate, and seized and possessed in fee of a large amount of real estate, lying in the State of North Carolina, and of which a particular description is set forth in the…
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Cause transmitted from the Court of Equity of New Hanover County, at the Spring Term 1850. The bill, which was filed in June 1847, in the Court of Equity of New Hanover County, states, in substance: That Samuel Potter departed this life sometime in the month of May 1847 ; that the said Samuel Potter died, intestate, and seized and possessed in fee of a large amount of real estate, lying in the State of North Carolina, and of which a particular description is set forth in the said bill; that the said Samuel Potter left surviving him his widow, Elizabeth E. Potter, one of the defendants; and…
1Opinion of the Court
Nash. J.
The bill in this case was, perhaps, framed upon the supposition, that the plaintiff, by his contract with the defendant, Mrs. Potter, had acquired the legal estate in the dower lands, to which she was entitled as Ihe widow of her late husband. This is not so. Before the assignment of her dower, a widow is not seised of any portion of the real estate of her husband, and can' not, therefore, convey any title at law to it. Perkins, sec. 599. She can, however, make such a contract concerning it,5as equity can and will, under proper circumstances^ enforce. The bill substantially is, to…
2Cited by4 opinions
- Davis v. Keen.Supreme Court of North Carolina · 1906
- American Blower Co. v. MacKenzieSupreme Court of North Carolina · 1929
- Wachovia Loan & Trust Co. v. ForbesSupreme Court of North Carolina · 1897
- Orrender v. . ChaffinSupreme Court of North Carolina · 1891