The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1855-01-10
Susan r. Thompson v. Walter ".
Thompson.

\ widow is entitled to dowcr in land, covenant
ei q hc CONT red 10 her husband.
This was Il Petition far Dover, heard
before his ilonnr Judge Manly, at the
Spring FERN, 1884, Of Orange Supe-
rlor Court.
The cause was heard upon the peti-
tian and answers, and the following are
the Facts of the case The petitioner is
the widow Of Porter Thompson, who,
having made his last will and tcsta-
mcnt. died IN 1858. From this will
the widow ,llsscntcd, and had her dis
sent inly entered of record in the
ounts Curt Of Orange. In i349,
Porter Thompson contracted with one
Rlchcson Nichols, for the purchase Of
hoasc and lot. in the town Of Hills
borough, and tnok 4 bond from him to
convey the title in Zee simple TO him,
whenever lie ihompsnnl should pay
the purchase money for the same, TO
wit: the sum Of SIX hundred dollars.
Thompson entered upoa the premises
immediately, and continued to occupy
them up 10 The time OF his death, and
paid during that time, of the purchase
money, four hundred dollars. Tie ba.
lance due is something over two hun
dred dollars.
The petitioner prayed for the writ
Of damcr, inr hcr dover 10 BE- assigned
10 the house aud lot IN question:.
Tie Executor ol Porter Thompson
and his heirs al law were made parties,
defendant. Who flied answers admit
tins the facts as above stated, but de-
n,ins the right, IN law, Of petitioner to
have dover IL the premises.
pm consideration 81 the facts above
stated. has Ilonor beng pl nplnion a.
galnst the petitioner, 50 declared aud
ordered the petltlnn u be dismissed.
From which Judgment the plaintiff
PRAYED an appeal TO th,s Colrt.
Baii,y, ior piaintIi.
UulsiOii, lur defendants.
Pl,RsuA. j. By the act of 1928. a
widow Is entitled to lpwer IN an "e.
quit, d redemption or nthrr equitable
ur trust estate III fec. IL which hcr hus.
band dies sehed.' The question j..
docs the case nl a yculcc wi1 Is let
into possession aud dies. leaving part
1t tie purchase money unpaid, aud
without taxing conveyance, come
within the operation ol tie Statute, 80
as IL cntItlc his widow 10 dover:
Tie object oi the Staia;c was to a.
bolisil the distraction bctaeen a legal
anil equitable estate, III regard to tic
right ul lDMvr, which had been taken
10 the prejudice oi widnSs, sOun alter
| the Introduction ul the doetrlnc Of
trusts. aud uniformly acted upnn up
10 that time, althuugil Il was admitted
that the elect Was to introduce an anu
malt, by excluding widows from dow
er, under circumstances where nus
bands obtained Curtrss.
The prominent wurd Of the Statute
is "csiatc," as distinguished lrUm a
mcre right. We readily yield our as.
cent 10 the suggestion, that Il was mot
/ the intention tu abolish ihis distinction,
aud That as wnluW Is not entitled Il
dover where a husband has 4 mcrr
right III equity. By way Of illustra.
ton: The vile ~ 1issriLcc, Mh1 nes-
l,rts 10 cutter, cannot clam dDwcr
iuf, altIuusa tie husband ilad 4 rigtt,
which was transnlssiDlc D., descent,
he bad iiitstdie; 80, whore uIr makes d
ltultnrnt upon cun,it un, aud dies ait !
conditions Jrukrn, Out ,itnUut tetesili. /.
MS estate by entry, dnd Afterwards ul,