Den on Demise Clarke v. Diggs
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Anson County, at the Fall Term, 1845, his Honor Judge Caldwell presiding. The plaintiff claimed the land in controversy, under ail alleged grant from the Royal government to one John Slay, who conveyed the whole to tine Auld. By mesne conveyances, the land in dispute, consisting of twenty acres, came to a man by tbe name of Field, who conveyed it to Joseph Clarke.
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Appeal from the Superior Court of Law of Anson County, at the Fall Term, 1845, his Honor Judge Caldwell presiding. The plaintiff claimed the land in controversy, under ail alleged grant from the Royal government to one John Slay, who conveyed the whole to tine Auld. By mesne conveyances, the land in dispute, consisting of twenty acres, came to a man by tbe name of Field, who conveyed it to Joseph Clarke. The latter conveyed to his three daughters, of whom the plaintiff was one, a tract containing one hundred and eighty-seven acres, the deed reciting-, that it was part of a tract granted to…
1Opinion of the CourtNash, J.
We are spared the trouble of examining the doctrine of estoppel, as applicable to this case, in the argument before us ; that ground has been very properly abandoned. There certainly is no estoppel. But it has been argued, that although there is no technical estoppel, yet the deed from Auld to Curtis, which conveyed to the latter two hundred and eighty acres of the Slay tract, and recited the deed from Slay to Auld, and the deed from the latter to Field, for the twenty acres, together with the deed from Curtis to Marshal Diggs, of the same two hundred and eighty aeres, and the deed from the…
2Cited by4 opinions
- Marshall v. Corbett.Supreme Court of North Carolina · 1905
- Candler v. . LunsfordSupreme Court of North Carolina · 1838
- Morton v. . IngramSupreme Court of North Carolina · 1850
- Ware v. . KnightSupreme Court of North Carolina · 1930