Lummus v. . Davidson
Supreme Court of North Carolina
Appeal by plaintiffs from Justice, J., at October Term, 1912, of MeckleNbuhg. This is an action to recover a certain tract of land.
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Appeal by plaintiffs from Justice, J., at October Term, 1912, of MeckleNbuhg. This is an action to recover a certain tract of land. Tbe plaintiff claims to be tbe owner of tbe land in controversy, under a sale under execution against LeRoy Davidson, wbo derived bis title and interest under tbe will of A. B. Davidson, tbe material parts of which are as follows,: “Item 4. I give and bequeath to my son, E. L. B. Davidson, all my interest in and to a certain lot and bouse situate in tbe city of Charlotte and commonly called tbe ‘Bank Building/ and known also as No. 5 East Trade Street, to be held…
1Opinion of the CourtAllekt, J.
We have carefully considered the full and learned brief of counsel for appellant, supplemented, as it was, by an interesting oral argument, but we cannot agree to his conclusions.
Prior to the act of 1812, no equity could be sold under execution, nor can an equity be sold since the statute, “unless the sale of the equity can draw to it the legal estate, which cannot be if the legal estate is hitched to some other equity, because, then, equal forces are pulling in opposite directions.” Tally v. Reid, 72 N. C., 339; Love v. Smathers, 82 N. C., 372; Everett v. Ratty, 104 N. C., 480; Gorrell v.…
2Cases cited7 opinions
- Gorrell v. AlspaughSupreme Court of North Carolina · 1897
- May v. Getty.Supreme Court of North Carolina · 1905
- Reed v. ReedMassachusetts Supreme Judicial Court · 1812
- Perkins v. Brinkley.Supreme Court of North Carolina · 1903
- Perry v. HackneySupreme Court of North Carolina · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fisher v. . FisherSupreme Court of North Carolina · 1940
- Patrick v. . BeattySupreme Court of North Carolina · 1932
- Chinnis v. . CobbSupreme Court of North Carolina · 1936
- Rouse v. . RouseSupreme Court of North Carolina · 1914
- Savings Bank & Trust Co. v. JohnsonSupreme Court of North Carolina · 1915
8 more not listed; retrieve them via the Exa API.