Beatty's Heirs v. .

Superior Court of North Carolina

Beatty's Heirs v. .

1 N.C. 104

DecidedJuly 5, 1799

StatusPublished

This text of 1 N.C. 104 (Beatty's Heirs v. .) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beatty's Heirs v. ., 1 N.C. 104 (N.C. Ct. App. 1799).

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Opinion

By the Court: The witness is free from any objection on the (105) ground of interest, since a verdict for the plaintiff would not advance him a single step towards obtaining possession of the dower, which his wife claims. *Page 102

Whether the petition for the dower be filed against the heir or a stranger, the petition must be equally full in the proof of the marriage and dying seized; and a verdict in the present case merely determines the right of possession, without concluding the parties as to the right itself. By the event of this suit, therefore, the witness cannot gain or lose anything.

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By the Court: The witness is free from any objection on the (105) ground of interest, since a verdict for the plaintiff would not advance him a single step towards obtaining possession of the dower, which his wife claims. *Page 102

Whether the petition for the dower be filed against the heir or a stranger, the petition must be equally full in the proof of the marriage and dying seized; and a verdict in the present case merely determines the right of possession, without concluding the parties as to the right itself. By the event of this suit, therefore, the witness cannot gain or lose anything.

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Bluebook (online)

1 N.C. 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beattys-heirs-v-ncsuperct-1799.