Tho Supreme Court cannot look into affidavits, filed in the Court below, upon (he question, whether dower was properly admeasured or not; they form no part of the record.
Tile case of the State v. Godwin, 5 Ired. 401, cited and approved.
Appeal from the Superior Court of Law of Guilford County, at the Spring Term, 1845, his Honor Judge Settle presiding.
The case was this. The plaintiff filed a petition, in the County Court of Guilford, to have dower assigned to her in the lands, of which her husband died seized in fee. The jury made an allotment of land for her dower. The defendants (the heirs at law) contended, that the jury had given her more land in value, than she by law was entitled to. The cause came bjr appeal from the County to the Superior Court, where affidavits for and against the verdict of the jury were filed. The Superior Court gave judgment for the plaintiff, and the defendants appealed to the Supreme. Court.
Morehead, for the plaintiff.
No counsel for the defendants.
Haxiel, J.
The evidence, by affidavits offered to the Superior Court, on the question of admeasurement of dower by the jury, composes no part of the record of the case, and, of course, this Court cannot judicially see it. State v. Godwin, 5 Ired. 401. There is no case sent here from the Superior Court, which raises any point of law for our revision. We do not see, that any'error in law has been committed by the Superior Court, and the judgment must be affirmed.
Per, Curiam, Judgment affirmed.