Burns v. . Stewart
Supreme Court of North Carolina
Appeal by plaintiff and Macon County Land Company from Lane, J., at Spring Term, 1912, of MacoN. This action was brought to recover for a breach of a covenant of seizin, contained in a deed dated 23 April, 1909, and executed by Henry Stewart, Sr., and wife, Oassie Stewart, and Henry Stewart, Jr., and wife, Lula Stewart, to J. M. Burns, intestate of the plaintiff.
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Appeal by plaintiff and Macon County Land Company from Lane, J., at Spring Term, 1912, of MacoN. This action was brought to recover for a breach of a covenant of seizin, contained in a deed dated 23 April, 1909, and executed by Henry Stewart, Sr., and wife, Oassie Stewart, and Henry Stewart, Jr., and wife, Lula Stewart, to J. M. Burns, intestate of the plaintiff. The plaintiff’s intestate had purchased the lands in question from the Stewarts, paying one-third of the purchase money in cash, and giving notes, payable in one and two years after date respectively, and securing the payment of said…
1Opinion of the Court
IYauker, J.,
after stating the case: The .agreement of the X>arties, which is copied in the statement, greatly simplifies the case. It appears from the charge that the court held, and so instructed the jury, that the judgment or decree in the case of Stewart v. Calloway, Evitt, and others was color of title, and as the appellants had admitted the adverse possession necessary to ripen this color into a good title, they would, if they believed the evidence, answer the first issue “Yes.” So the decision of. the case turns mainly upon the correctness of this ruling as to color of title, and this…
2Cases cited19 opinions
- Deffeback v. HawkeSupreme Court of the United States · 1885
- Austin v. . StatenSupreme Court of North Carolina · 1900
- Hall v. LawSupreme Court of the United States · 1880
- Keener v. . GoodsonSupreme Court of North Carolina · 1883
- Doe on Demise of Tate's Heirs v. SouthardSupreme Court of North Carolina · 1824
14 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Glass v. Lynchburg Shoe Co.Supreme Court of North Carolina · 1937
- Seals v. SealsSupreme Court of North Carolina · 1914
- Alsworth v. Richmond Cedar WorksSupreme Court of North Carolina · 1916
- Crocker v. VannSupreme Court of North Carolina · 1926
- Butler v. . BellSupreme Court of North Carolina · 1921
14 more not listed; retrieve them via the Exa API.