Ellington v. . Ellington
Supreme Court of North Carolina
Civil actioN, tried before Graves, J., at October Term, 1888, of the Superior Court of Vance. The complaint filed in this action, which was begun on December 17,1887, alleges that Bevil Ellington, being the owner of the tract of land therein described, made up of several parcels and containing about 443 acres, by deed executed in October, 1865, conveyed the same to the defendants Horace Ellington, a son, and William N. Ellington, the husband of his daughter Polly, together…
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Civil actioN, tried before Graves, J., at October Term, 1888, of the Superior Court of Vance. The complaint filed in this action, which was begun on December 17,1887, alleges that Bevil Ellington, being the owner of the tract of land therein described, made up of several parcels and containing about 443 acres, by deed executed in October, 1865, conveyed the same to the defendants Horace Ellington, a son, and William N. Ellington, the husband of his daughter Polly, together with the stock? farming implements and other articles of personal property on the plantation, upon the sole consideration…
1Opinion of the CourtSmith, C. J.
(after stating the case). Prom the time of making the deed the defendants held possession of the land thereunder until the death of the grantor in August, 1869, and thereafter for a period of more than seventeen years, during all of which, except a half month, the statute was in full operation before the suit was brought.
Assuming the deed to be voidable, the possession under it, as color of title merely, in the absence of any indication of imperfection or infirmity apparent upon its face, would ripen into a good title after the expiration of seven years, unless, within three years after the “…
2Cases cited5 opinions
- Hicks v. . BullockSupreme Court of North Carolina · 1887
- Riggan v. . GreenSupreme Court of North Carolina · 1879
- Hunter v. . KellySupreme Court of North Carolina · 1885
- Breeden v. . McLaurinSupreme Court of North Carolina · 1887
- Summerlin v. . CowlesSupreme Court of North Carolina · 1888
3Cited by22 opinions
- Philbin v. CarrIndiana Court of Appeals · 1920
- Avent v. ArringtonSupreme Court of North Carolina · 1890
- McCann v. WelchWisconsin Supreme Court · 1900
- Seals v. SealsSupreme Court of North Carolina · 1914
- Norwood v. . TottenSupreme Court of North Carolina · 1914
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