Legal Opinion

Horton v. . Jones

Supreme Court of North Carolina

Decided December 16, 1914PublishedCited by 1 opinion

Appeal by defendants from. Long, J., at May Term, 1914, of Caldwell. Civil action to' try title to land, tried upon these issues: 1. Are the plaintiffs the owners of the land described on the map and indicated by the figures 1, 2, 3, and 4, as alleged in the complaint? Answer: “Yes.” 2. Are -the plaintiffs estopped from maintaining this action against the defendants? Answer: “No.” 3. Is the plaintiffs’ cause of action barred by the statute of limitation ? Answer: “No.” 'From…

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Appeal by defendants from. Long, J., at May Term, 1914, of Caldwell. Civil action to' try title to land, tried upon these issues: 1. Are the plaintiffs the owners of the land described on the map and indicated by the figures 1, 2, 3, and 4, as alleged in the complaint? Answer: “Yes.” 2. Are -the plaintiffs estopped from maintaining this action against the defendants? Answer: “No.” 3. Is the plaintiffs’ cause of action barred by the statute of limitation ? Answer: “No.” 'From the judgment rendered, the defendants appealed.

1Opinion of the CourtBitowN, J.

The locus in quo is represented on tbe official map attached to the judgment by the figures 1, 2, 3, 4, and was originally owned by William Dula, under whom all parties claim. There does not seem to be any real dispute as to the location of the land in controversy nor of the lands described in the plaintiffs’ as well as the defendants’ deeds. The real matters in issue appear to be as to whether the plaintiffs have shown evidence of title of the locus in quo, and if so, are they estopped to assert such title?

1. The plaintiffs undertake to show title under a partition proceeding had in 1835…

2Cases cited1 opinion

  1. Locklear v. . SavageSupreme Court of North Carolina · 1912

3Cited by1 opinion

  1. Southern Real Estate Loan & Trust Co. v. Atlantic Refining Co.Supreme Court of North Carolina · 1935

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