Den Ex D. Motley v. Whitemore

Inlands conveyed to husband and wife, they have not a joint estate, but hold, by entireties; and upon the death of either of them, the whole estate continues in the survivor, notwithstanding the act of 1784, (see 1 Rev. Stat. c. 43, s. 2,j for abolishing the right of survivorship.

This was an action of ejectment, in which the following facts were submitted to his Honor Judge Saunbers, at Caswell, on the last Circuit. The plaintiff’s lessors claimed title to the land in controversy, by virtue of a judgment, execution, and sheriff’s deed; and produced the records of two judgments, rendered in Caswell County Court, in favour of himself and one Nannally, at July Term, 1833, against the administrators of Louis White-more, deceased. It appeared, that the administrator, among other things, had relied on the plea of fully administered, which had been found for him; and judgments had been signed for the plaintiff’s demands. Writs of scire facias had been sued out thereon against the heirs at law of the said Lewis Whitemore, and judgment rendered upon the same at October Term, 1835, upon which writs of venditioni exponas were issued; and at January Term, 1836, the land was sold, and a deed executed therefor by the sheriff to the plaintiff. The defendant was the widow of Whitemore, and was in possession of the land sued for; and she claimed to be sole seized thereof by devise from one John Hudnall, her father, in the following words, to wit: “ I give to Lewis Whitemore and his wife, the tract of land whereon I now live.” The defendant was the wife referred to in the devise; and the land devised was admitted to be the same mentioned in the plaintiff’s declaration. His Honor, upon these facts, being of opinion with the' defendant, a verdict of not guilty was entered in pursuance an agreement between the parties to that effect; and the plaintiff appealed.