Supreme Court of North Carolina January 5, 1872 (Susan Felton v. . William L. Elliott)

Pearson, C. J.

The judgment in the Court below is affirmed and the appeal dismissed for three reasons.

I. The summons issued 5th May, 1871, and demands dower under the Act ratified 2d March, 1867, which act is repealed by Act 1868-69, (page 217.) The case cannot fall under the last act concerning dower, for, the husband is still alive,

II.