Legal Opinion

Wright v. . Brown

Supreme Court of North Carolina

Decided February 5, 1895PublishedCited by 14 opinions

This is a controversy submitted without action upon an agreed state of facts, and heard before Boyhin, E, at February Term, 1895, of Beaufort Superior Court. His Honor rendered judgment in favor of defendants, and plaintiff excepted and appealed, assigning as error the holding that the defendants had a good and perfect title in fee. The facts are succinctly stated in the opinion of Associate Justice Furohes.

1Opinion of the Court

Furches, J.:

James Ellison being the owner in fee simple of the lands mentioned in the ease agreed devised the same to his grand-daughter Polly Ann Allison “to be hers and her heirs and assigns. Rut in case my said granddaughter, Polly Ann, do die leaving no lawful issue at her death then I devise and bequeath_to my daughter Augusta L. Ellison, her heirs and assigns,” and died in 1865. That sometime after the death of the testator, the said Polly Ann and Augusta L. sold and conveyed this land to Ida M. Swindell by deed with warranty. And by successive conveyances from Ida M. Swindell, the…

2Cases cited4 opinions

  1. Starnes v. . HillSupreme Court of North Carolina · 1893
  2. Watson v. . SmithSupreme Court of North Carolina · 1892
  3. Bodenhamer v. . WelchSupreme Court of North Carolina · 1883
  4. Mastin v. . MarlowSupreme Court of North Carolina · 1871

3Cited by14 opinions

  1. Elmore v. AustinSupreme Court of North Carolina · 1950
  2. Lee v. OatesSupreme Court of North Carolina · 1916
  3. Kornegay v. MillerSupreme Court of North Carolina · 1905
  4. Boles v. Caudle.Supreme Court of North Carolina · 1903
  5. Brown v. . DailSupreme Court of North Carolina · 1895

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