Legal Opinion

In re the Estate of Daniel

Supreme Court of North Carolina

Decided February 28, 1945Published

1Opinion of the Court

Winborne J.

While appellant debates the question as to what estate Charles A. Daniel took under the deeds in question, viewed in the light of the fact that both grantees died instantaneously in a common disaster, the appellee appropriately interjects the question as to the jurisdiction of the court over the subject matter of, and parties to this proceeding. The challenge to jurisdiction is not upon the ground that the jurisdiction of the Superior Court is derivative and consequently fails for lack of jurisdiction in the Clerk, but that the Superior Court would have been without jurisdiction to…

2Cases cited5 opinions

  1. McKeel v. . HollomanSupreme Court of North Carolina · 1913
  2. Alsbrook v. . ReidSupreme Court of North Carolina · 1883
  3. Balsley v. . BalsleySupreme Court of North Carolina · 1895
  4. Moore v. . RankinSupreme Court of North Carolina · 1916
  5. Perkins v. . CaldwellSupreme Court of North Carolina · 1877

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