Legal Opinion

Miller v. . Bumgardner

Supreme Court of North Carolina

Decided September 5, 1891PublishedCited by 4 opinions

This was a civil ACTION, for the possession of land, tried at the Spring Term, 1891, of the Superior Court of Ashe County, before Hoke, J. There was a verdict and judgment for the defendant, from which the plaintiff appealed. The facts are stated in the opinion.

1Opinion of the Court

Avery, J.:

It was admitted that, prior to the year 1876, one Mollie Cox was the owner of the land in dispute, and that she married one Denton Williams, and during coverture, in September, 1876, a deed signed by her husband, Denton Williams, and herself, was delivered to the plaintiff Betsy Jane Miller, but the feme covert was not privily examined as to its execution. The defendant, relying on this deed or paper, delivered to the plaintiff, as color of title offered evidence tending to show that Betsy Jane Miller, the plaintiff, took possession under it at the date of its execution in…

2Cases cited4 opinions

  1. Ruffin v. . OverbySupreme Court of North Carolina · 1890
  2. McLean v. . SmithSupreme Court of North Carolina · 1890
  3. State v. . RogersSupreme Court of North Carolina · 1878
  4. Freeman v. . SpragueSupreme Court of North Carolina · 1880

3Cited by4 opinions

  1. Trimboli v. . KinkelNew York Court of Appeals · 1919
  2. Smith v. Ingram.Supreme Court of North Carolina · 1902
  3. Bealmear v. HutchinsU.S. Circuit Court for the District of Western North Carolina · 1904
  4. Smith v. Ingram.Supreme Court of North Carolina · 1902

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