Harris v. Steele
Court of Appeals of North Carolina
APPEAL by defendants from Davis, Judge. Judgment entered 28 August 1978 in District Court, WILKES County. Heard in the Court of Appeals 27 August 1979. Plaintiff seeks a declaratory judgment determining the rights of the parties to certain real property in Wilkes County. Plaintiff alleges the property was conveyed by Myrtle Steele Mitchell, widow, to Ivey Steele on 2 January 1945, the deed being recorded in Book 218, page 623, Office of the Register of Deeds, Wilkes County.
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APPEAL by defendants from Davis, Judge. Judgment entered 28 August 1978 in District Court, WILKES County. Heard in the Court of Appeals 27 August 1979. Plaintiff seeks a declaratory judgment determining the rights of the parties to certain real property in Wilkes County. Plaintiff alleges the property was conveyed by Myrtle Steele Mitchell, widow, to Ivey Steele on 2 January 1945, the deed being recorded in Book 218, page 623, Office of the Register of Deeds, Wilkes County. Ivey was then married to Carrie Steele. On 23 January 1957, Myrtle Steele Mitchell conveyed the property to Ivey Steele…
1Opinion of the Court
MARTIN (Harry C.), Judge.
We hold the trial court erred in granting plaintiff’s motion for summary judgment and in denying defendants’ motion. Plaintiff alleges she acquired the disputed property by a deed from Carrie Steele, executed after the death of Ivey Steele. Defendants deny this in their answer. However, in their brief they state as a part of the facts that “Carrie Steele conveyed the subject property, in fee, to Respondent-Appellee.”
Therefore, it appears that whatever interest plaintiff acquired in the disputed property from Carrie depends upon the interest Carrie owned when she made…
2Cases cited13 opinions
- Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
- Peek v. Wachovia Bank & Trust CompanySupreme Court of North Carolina · 1955
- Matthieu v. Piedmont Natural Gas CompanySupreme Court of North Carolina · 1967
- Hayes v. RicardSupreme Court of North Carolina · 1956
- Scott v. . BattleSupreme Court of North Carolina · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re RoseUnited States Bankruptcy Court, W.D. North Carolina · 2014
- Thompson v. Whitley Company Real EstateNorth Carolina Industrial Commission · 1995