Parton v. . Allison

Decided September 5, 1891

Supreme Court of North Carolina · decided 1891-09-05

This was a special PROCEEDING for dower, commenced before the Clerk of the Superior Court of Haywood County, and heard upon demurrer at Fall Term, 1891, Merrimon, J., presiding. The petition alleged that one Owens had died seized of certain lands; that he left surviving him his wife, who was entitled to dower; that she had sold and conveyed her dower right to the petitioners, who now prayed that dower might be assigned them. The defendants demurred, for that— 1.

Cited in Bouvier (1914)’s definition of “Assignment Of Dower” · Bouvier (1914)’s definition of “Lascivious Cohabitation”

Decided 1891-09-05

*675 Per Ouriam.

¶1 His Honor, in sustaining thedemuirer to the jurisdiction, was of the opinion that the right lo “apply for assignment of dower by petition in the Superior Court as in other cases of special proceedings” (The Code, §2111) “is a legal right, and personal to the widow, and cannot be assigned to another; and that the sale by the widow of her right of dower, before dower was assigned to her according to law, was an equilable assignment of her right, to be enforced in a court of equity by a civil action, and not by a special proceeding, and that the Clerk had no jurisdiction.” The ruling is supported by several decisions of this Court. Potter v. Eoeritt, 7 Ired. Eq., 152; Tate v. Powe, 64 N. C., 644; Efland v. Efland, 96 N. C., 488.

¶2 Affirmed.