Barefoot v. . Musselwhite
Supreme Court of North Carolina
Appeal from O. H. Allen, J., at the March Term, 1910, of HaRNETT. This was an action instituted to recover damages for waste. The plaintiffs are the heirs of one Kinion Barefoot, and allege that they are the owners of the fee, subject to the life estate of Elizabeth Musselwhite (formerly Elizabeth Barefoot, the widow of L. L. Barefoot), as tenant by dower. The waste is charged to have been committed by the tenant in dower through her lessees.
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Appeal from O. H. Allen, J., at the March Term, 1910, of HaRNETT. This was an action instituted to recover damages for waste. The plaintiffs are the heirs of one Kinion Barefoot, and allege that they are the owners of the fee, subject to the life estate of Elizabeth Musselwhite (formerly Elizabeth Barefoot, the widow of L. L. Barefoot), as tenant by dower. The waste is charged to have been committed by the tenant in dower through her lessees. By order of the court, the other defendants, who are the heirs at law of L. L. Barefoot, his infant grandchildren, were made parties, and they by their…
1Opinion of the CourtManning, J.
Upon tbe record presented to us, we do not think bis Honor’s ruling as to tbe effect of tbe recitals in tbe deed of D. H. McLean, commissioner, to Kinion Barefoot, can be sustained. No evidence was offered to bring tbe deed and its recitals under tbe operation of sec. 341, Eevisal. That section provides: “Tbe recitals, reference to, or mention of, any decree, order, judgment or other record of any court of record of any county in which tbe courthouse, or records of said county, or both, have been destroyed by fire, or otherwise, contained, recited or set forth in any deed of conveyance,…
2Cases cited5 opinions
- Irvin v. . ClarkSupreme Court of North Carolina · 1887
- Rackley v. RobertsSupreme Court of North Carolina · 1908
- Everett v. . NewtonSupreme Court of North Carolina · 1896
- Hare v. . HollomonSupreme Court of North Carolina · 1886
- Hargrove v. WilsonSupreme Court of North Carolina · 1908
3Cited by10 opinions
- Baggett v. . LanierSupreme Court of North Carolina · 1919
- Pinnell v. BurroughsSupreme Court of North Carolina · 1915
- Sledge v. MillerSupreme Court of North Carolina · 1959
- Rackley v. . RobertsSupreme Court of North Carolina · 1908
- Pinnel v. BurroughsSupreme Court of North Carolina · 1916
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