Jones v. Jones' Ex'r

5 N.C. 96

Opinion

By the Court.

> — If the widow’s claim to a distributive share ot the crops growing on the lands of her husband at the time of his death be well founded (upon which point we shall 110 opinion) she must seek to enforce it in the way points out by the act of 1791, ch. 22. A court of Equity cannot exercise any oiiginal jurisdiction over the claim which she sets up. There is iio charge of fraud in the1 extcution, nor such matter of account as will authorise court to take cognizance of the case—the bill must there-tore be dismissed.