Holdfast on Demise of Shaw v. Shepard
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Pasquotank County, at the Spring Term, 1846, his Honor Judge Bailey presiding. This was an action of Ejectment for a house and lot in the town of Elizabeth City. One John King was seized of the premises in fee, and, on the 4th day of September 1834, they were sold, under a judgment and execution against him, by the sheriff of Pasquotank, and conveyed to John C. Ehringhaus.
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Appeal from the Superior Court of Law of Pasquotank County, at the Spring Term, 1846, his Honor Judge Bailey presiding. This was an action of Ejectment for a house and lot in the town of Elizabeth City. One John King was seized of the premises in fee, and, on the 4th day of September 1834, they were sold, under a judgment and execution against him, by the sheriff of Pasquotank, and conveyed to John C. Ehringhaus. On the same day, Mr. Ehringkaus conveyed the premises in fee to Jeremiah M. King, in trust for Margaret King, wife of the said John King, to her sole and separate use for life, and…
1Opinion of the Court
Rums:, C. J.
On the first question the case of Bronson v. Payntor, 4 Dev. and Bat. 393, is in point. Jt tvas there determined, that a plaintiff might recover upon the demise of the tenants in common, to the extent of their right, though a third person did not join, and also in that case and in Godfrey v. Cartwright, 4 Dev. 487, that there might be a general verdict and judgment that the plaintiff recover his term, since under the writ of possession the lessors of the plaintiff proceed at their peril. The defence founded on the statute of limitations, we think, must also fail. The possession…
2Cited by8 opinions
- Allred v. Smith.Supreme Court of North Carolina · 1904
- Newkirk v. PorterSupreme Court of North Carolina · 1953
- Monk v. Wilmington.Supreme Court of North Carolina · 1904
- Foster v. . HackettSupreme Court of North Carolina · 1893
- Helton v. CookCourt of Appeals of North Carolina · 1975
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