Clendenin v. Clendenin
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at the October Term, 1920, of Ieedell. This is an action, commenced 1 May, 1919, to recover land, which formerly belonged to Jane E. Click, a married woman, who died intestate in October, 1901, leaving as her only heirs one daughter, Annie Fleming, and the plaintiffs, who are the children of a deceased daughter, Belle V., and of the defendant, W. S. Clendenin. The interest of Annie Fleming has been conveyed to the plaintiffs.
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Appeal by defendant from Lane, J., at the October Term, 1920, of Ieedell. This is an action, commenced 1 May, 1919, to recover land, which formerly belonged to Jane E. Click, a married woman, who died intestate in October, 1901, leaving as her only heirs one daughter, Annie Fleming, and the plaintiffs, who are the children of a deceased daughter, Belle V., and of the defendant, W. S. Clendenin. The interest of Annie Fleming has been conveyed to the plaintiffs. The husband of Jane E. Click died in 1902, and Belle V. in 1893. The defendant married in 1885, and the children, who are plaintiffs,…
1DissentClark, C. J.
“If you believe the evidence you will answer the first issue ‘Yes’ ” — that is, the plaintiffs are entitled to recover.
This is an action by the children against the father for recovery of a tract of land. There is no substantial conflict in the evidence which is as follows: It is agreed that the land belonged to Jane E. Click, the grandmother of plaintiffs and mother-in-law of the defendant in this action. Her husband was J. D. Click. They had five children, only three of whom lived to maturity, and one of them died before his mother, leaving no children and no will. Jane E. Click died in…
2Cases cited20 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- Collins v. Davis.Supreme Court of North Carolina · 1903
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- Austin v. . StatenSupreme Court of North Carolina · 1900
- Patterson v. . MillsSupreme Court of North Carolina · 1897
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