Evans v. Brendle
Supreme Court of North Carolina
Civil ACTION, tried before Cline, J., at Spring Term, 1915, of SwaiN. This is an action to recover land, both parties claiming title under Lee Fuller. On 28 January, 1896, Lee Fuller executed a deed to II. T. Jenkins purporting to convey said land to him in fee.
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Civil ACTION, tried before Cline, J., at Spring Term, 1915, of SwaiN. This is an action to recover land, both parties claiming title under Lee Fuller. On 28 January, 1896, Lee Fuller executed a deed to II. T. Jenkins purporting to convey said land to him in fee. In the spring of 1898 he commenced an action, to which his wife, S. J. Fuller, was not a party, alleging that the deed of 28 January, was intended as a security for a debt, and that certain clauses had been omitted by mistake, and at July Term, 1902, of Swain Superior Court the following judgment was rendered in said action : Lee…
1DissentCiARK, C. J.
The parties waived a jury trial and agreed that the judge should find the facts and apply the law thereto and render judgment. It was conceded that both parties claimed title under Lee Fuller as the common source. The defendant admitted that he was in possession, holding adversely to the plaintiff.
In 1896 Lee Fuller was the owner in fee of the locus in quo (11% acres of land). On 28 January, 1896, he executed to Ií. T. Jenkins a deed which upon its face purported to be in fee, conveying to him the said tract, which deed was duly registered. To Spring Term, 1898, of Swain he brought an action…
2Cases cited5 opinions
- Janney v. Robbins.Supreme Court of North Carolina · 1906
- Morris v. . WhiteSupreme Court of North Carolina · 1887
- Mayo v. StatonSupreme Court of North Carolina · 1905
- Fuller v. Jenkins.Supreme Court of North Carolina · 1902
- Dem on Demise of Davis v. EvansSupreme Court of North Carolina · 1845