Benedict v. Jones.
Supreme Court of North Carolina
Plaintiff's Appeal. ActioN by Mary Benedict and others against H. C. J ones and wife and S. G. Atkin, heard by Judge Frederick Moore and a jury, át September Term, 1901, of the Superior Court of Buncombe County. Erom a judgment for the defendants, the plaintiffs appealed. *
1Opinion of the CourtMontgomeet, J.
This action was brought to recover possession of a lot of land in the possession of the defendants. On the 4th day of August, 1891, the defendant H. C. Jones, being the owner of six undivided one-sevenths interest in the same, and Hattie, his wife, another defendant, being the *471owner of tbe other one-seventh interest, all subject, however, to the right of dower of the other defendant, S. G. Atkin, who was the widow of T. W. Atkin, a former owner of the property, executed to J. G. Dickerson a deed of trust (the defendant S. G. Atkin joining in the deed) upon the property to secure a large debt,…
2Cases cited2 opinions
- Butner v. . BlevinsSupreme Court of North Carolina · 1899
- McCaskill v. . McKinnonSupreme Court of North Carolina · 1897