Williamson v. Cox, 3 N.C. 4, 2 Hayw. 4 (1797)

Oct. 1797 · North Carolina Superior Court
3 N.C. 4, 2 Hayw. 4

Williamson, by Guardian vs. Cox.

npI-IIS was an action of trespass, and on not guilty pleaded upon trial, the case appeared to be, that Williamson was seized of the lands in which, See. and died seized in the year 17SO, and af-terwards his widow married, and her son the heir ef Williamson assigned dower by metes and bounds which were specified in a deed signed by the son and his mother. Some time after-wards, Cox the second husband died, and the widow cleared the lands and cultivated them beyond those bounds.

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.