HORNE v. HORNE

No. 450.

136 S.E.2d 87 (1964)

261 N.C. 688

Mary Ruth HORNE and husband, James D. Horne, v. Hettie Griffin HORNE, Widow, and Jesse Brady Horne and wife, Elizabeth Arney Horne.

Supreme Court of North Carolina.

April 29, 1964.


Attorney(s) appearing for the Case

Taylor, Kitchin & Taylor, Wadesboro, for petitioner appellees.

E. A. Hightower, Wadesboro, for respondent appellants.


DENNY, Chief Justice.

The question posed for determination on this appeal is whether or not the respondent Jesse Brady Horne is entitled to have the entire 46 acre tract of land partitioned between the two tenants in common, subject to the dower of Hettie Griffin Horne.

It is provided in pertinent part by G.S. § 46-15: "When there is dower or right of dower on any land, petitioned to be sold or divided in severalty by actual partition, the woman entitled...

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