Williamson v. . Cox

Superior Court of North Carolina

Williamson v. . Cox

3 N.C. 4

DecidedJuly 5, 1797

StatusPublished

This text of 3 N.C. 4 (Williamson v. . Cox) 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

Williamson v. . Cox, 3 N.C. 4 (N.C. Ct. App. 1797).

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Opinion

Per Curiam,

The deed ascertaining the boundaries is not binding, being signed by the defendant during her coverture with the-second husband ; neither is her acceptance of dower during coverture an estopal to her to claim more as it might have been, had the acceptance been during her widowhood, but she ought to have had a new assignment of dower if she was dissatisfied with the former; she cannoqenter uponand occupy what part she pleases without assignment, and therefore her entering upon the land beyond those bounds, and clearing and cultivating them, was a trespass.

-Verdict for the plaintiff.

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Per Curiam,

The deed ascertaining the boundaries is not binding, being signed by the defendant during her coverture with the-second husband ; neither is her acceptance of dower during coverture an estopal to her to claim more as it might have been, had the acceptance been during her widowhood, but she ought to have had a new assignment of dower if she was dissatisfied with the former; she cannoqenter uponand occupy what part she pleases without assignment, and therefore her entering upon the land beyond those bounds, and clearing and cultivating them, was a trespass.

-Verdict for the plaintiff.

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Bluebook (online)

3 N.C. 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williamson-v-cox-ncsuperct-1797.