Legal Opinion

Busbee v. . Lewis

Supreme Court of North Carolina

Decided October 5, 1881PublishedCited by 14 opinions

CONTROVERSY without action- under the-Code, section 315,-heard at Fall Terra, 1881, of Waee Superior Court, before-Gilmer, J. The plaintiff appealed- from the judgment of- the court below.

1Opinion of the CourtRufftn, J.

The object of this action is to- have declared void a tas: title to1 certain real property situated in the city of Raleigh, acquired by the eity, and which the- plaintiff' contends is operating as a-cloud upon his better title.

The case was put into the shape of a controversy without-actionra-nd the following are the facts upon which it is said5 to depend :

In 1863- one H. Fendt,-then owning the lend which' is-the subject of controversy, conveyed the same to one Ellen-in trust for the sole and separate use of Mrs.- C. A. Fendt- and her children, and in the event,of her death, in the lifetime of…

2Cases cited3 opinions

  1. Doren v. Mayor of New-YorkNew York Court of Chancery · 1842
  2. Ward v. . DeweyNew York Court of Appeals · 1858
  3. Farnham v. . CampbellNew York Court of Appeals · 1866

3Cited by14 opinions

  1. State v. . R. R.Supreme Court of North Carolina · 1907
  2. Turner v. . New BernSupreme Court of North Carolina · 1924
  3. Wardens St. Peter's Episcopal Church v. Town of WashingtonSupreme Court of North Carolina · 1891
  4. State v. Southern Railway Co.Supreme Court of North Carolina · 1907
  5. Newman MacHine Company v. NewmanSupreme Court of North Carolina · 1969

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