Legal Opinion

Finlayson v. . Kirby

Supreme Court of North Carolina

Decided September 5, 1897PublishedCited by 3 opinions

Civil action to recover land, tried before Adams, J., and a jury at Spring Term, 1897, of WayNE Superior Court. There was a verdict for the defendants and from the judgment thereon the plaintiffs appealed.

1Opinion of the Court

Faircloth, C. J.:

This is an action of ejectment and the-title of the land described is in question — all parties claiming under Waitman Thompson, Sr., who conveyed the land to Finlayson and Iiines in trust for his son, Waitman Thompson, Jr. The latter and his wife have died leaving no issue of their bodies. The plaintiffs allege that Thompson, Jr. had only a life estate and that they are now the- owners in fee. The defendants claim under Thompson, Jr.r by mesne conveyances and allege that he had an estate in fee simple, and that they are the owners. They also insist that the plaintiffs are…

2Cited by3 opinions

  1. Finlayson v. Kirby.Supreme Court of North Carolina · 1900
  2. Kornegay v. . MorrisSupreme Court of North Carolina · 1898
  3. St. James v. Bagley.Supreme Court of North Carolina · 1905

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