Hughes v. . Merritt

Boydekt, J. This is a civil action brought by the plaintiff against Merritt and his wife Deborah, and submitted upon-a case agreed to his Honor below, Judge Clarke; and the only question in the cause is the claim on the part of the feme defendant to dower, under the act of March 2d, 1867, during the life of her husband. This suit was commenced in Decern *388 her, 1871. It is sufficient, for the decision of this case, to state that the act of the 2d March, 1867, was repealed by the act of 1868-69. Rut even if the act was still in force, tlio case of Sutton v. Askew 66, N. C. R. 172, decides that the feme defendant would not be entitled to dower. The case of Felton v. Elliott 66, N. C. R. 195, is like this, and decides that the feme defendant is not entitled to dower on the land sued for. There was error, and the judgment of his Honor is reversed and rendered for the plaintiff, for the land sued for, unincumbered. This will be certified. Per Curiam. _ Judgment reversed.