Johnson v. . Edwards
Supreme Court of North Carolina
Civil ACTION, tried before Graves, J, at July Special Term, 1891, of Stokes Superior Court. It appears that on the 8th da}1’ of November, 1886, Solomon T. Edwards executed a deed of conveyance purporting to convey the fee-simple of the land described in the complaint to the plaintiff James - T. Johnson and his wife Rejina; that afterwards, on the 5th day of February, 1887, that deed was surreptitiously taken from the place of deposit thereof and of other like valuable…
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Civil ACTION, tried before Graves, J, at July Special Term, 1891, of Stokes Superior Court. It appears that on the 8th da}1’ of November, 1886, Solomon T. Edwards executed a deed of conveyance purporting to convey the fee-simple of the land described in the complaint to the plaintiff James - T. Johnson and his wife Rejina; that afterwards, on the 5th day of February, 1887, that deed was surreptitiously taken from the place of deposit thereof and of other like valuable things, and destroyed or put without the possession and control of the plaintiffs, and that they have not been able to find…
1Opinion of the CourtMerrimon, C. J.
after stating the case: Whatever may be the nature and merits of the plaintiffs’ cause of action, it was not barred by any statute of limitation, because the deed under which they claim, and by this action seek to have benefit-of, purported to convey to them the fee-simple in the land in question. As they were husband and wife, they were not tenants in common and did not take by moieties, but by entireties — they were seized, if seized at all, of the entirety per tout et non per my. They owned the land, or whatever interest they acquired in it, as one person. They could not sell or dispose of…
2Cited by4 opinions
- Davis v. . BassSupreme Court of North Carolina · 1924
- Moore v. Greenville Banking & Trust Co.Supreme Court of North Carolina · 1919
- Spruill v. Branning Manufacturing Co.Supreme Court of North Carolina · 1902
- Moore v. Greenville Banking & Trust Co.Supreme Court of North Carolina · 1919