{
  "id": 8574338,
  "name": "FREDERICK D. SMITH, Petitioner v. RUBIE L. SMITH, Respondent",
  "name_abbreviation": "Smith v. Smith",
  "decision_date": "1965-07-23",
  "docket_number": "",
  "first_page": "34",
  "last_page": "34",
  "citations": [
    {
      "type": "official",
      "cite": "265 N.C. 34"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "134 S.E. 2d 331",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": -1
    },
    {
      "cite": "261 N.C. 278",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8572926
      ],
      "opinion_index": -1,
      "case_paths": [
        "/nc/261/0278-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:3e3bafa520a6118a",
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  "last_updated": "2023-07-14T21:31:16.118019+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "FREDERICK D. SMITH, Petitioner v. RUBIE L. SMITH, Respondent."
    ],
    "opinions": [
      {
        "text": "PER CuRiam.\nWe have today sustained the ruling that the widow had not lost the right of election given by G.S. 29-30. Smith v. Smith, ante, 18. Defendant\u2019s election to take an estate for her life has terminated the co-tenancy which would otherwise exist. The parties are not co-tenants, but tenants for life and in remainder, respectively.\nWhether a receiver should have been appointed, pendente lite, was a matter resting in the sound discretion of Judge Hobgood. No abuse of discretion is shown. The question is now moot.\nAffirmed.",
        "type": "majority",
        "author": "PER CuRiam."
      }
    ],
    "attorneys": [
      "L. Austin Stevens; Wiley Narron for petitioner appellant.",
      "Lyon & Lyon for respondent appellee."
    ],
    "corrections": "",
    "head_matter": "FREDERICK D. SMITH, Petitioner v. RUBIE L. SMITH, Respondent.\n(Filed 23 July, 1965.)\nAppeal by petitioner from Hobgood, J., November 1964 Session of JOHNSTON.\nThis proceeding was begun in May 1964. Plaintiff, alleging co-tenancy with defendant, prayed for a sale for partition of a lot in Selma, the property involved in Smith v. Smith, 261 N.C. 278, 134 S.E. 2d 331.\nDefendant is the widow of Almon F. Smith, who owned the lot at his death. Petitioner is the son of Almon Smith. Prior to the institution of this proceeding, and subsequent to the decision in Smith v. Smith, supra, defendant filed with the Clerk of the Superior Court of Johnston County notice of her election to take an estate for her life in the land here in question, as permitted by G.S. 29-30. Based on her election, she denied co-tenancy as alleged by the petitioner.\nIn October 1964, petitioner filed a motion praying for the appointment of a receiver, pendente lite. As a basis for his motion, he alleged defendant had sole possession, having ousted him. He asserted defendant, because of the delay in making an election, had lost the right to take an estate for life under G.S. 29-30.\nThe motion for the appointment of a receiver was heard in November 1964, at the same time a hearing was had on the son\u2019s challenge to the widow\u2019s right to take an estate for her life. The court denied the motion for the appointment of a receiver, and sustained the widow\u2019s right to make an election and take an estate in the dwelling for her life.\nL. Austin Stevens; Wiley Narron for petitioner appellant.\nLyon & Lyon for respondent appellee."
  },
  "file_name": "0034-01",
  "first_page_order": 74,
  "last_page_order": 74
}