Merritt v. . Scott
Supreme Court of North Carolina
Civil Action to recover Land, tried at Spring Term, 1879, ■of Jones Superior Court, before .Seymour, J. The case states that it was conceded the plaintiff is entitled to recover the land, and the only question was whether ■defendant is entitled to the value of certain permanent improvements made upon the land by him ; to ascertain wdiich ¡he .offered to prove that while in possession of the locus in ■gro.and under the belief .that he had a good title, he had made such…
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Civil Action to recover Land, tried at Spring Term, 1879, ■of Jones Superior Court, before .Seymour, J. The case states that it was conceded the plaintiff is entitled to recover the land, and the only question was whether ■defendant is entitled to the value of certain permanent improvements made upon the land by him ; to ascertain wdiich ¡he .offered to prove that while in possession of the locus in ■gro.and under the belief .that he had a good title, he had made such improvements, and to show their value. The evidence was excluded and defendant excepted. The facts •appear in the opinion.…
1Opinion of the CourtSmith, C. J.
The tract of land described in the complaint was in 1842 conveyed by James Merritt, the owner, to his son John Merritt, in trust for another son Francis Merritt for life, remainder to his wife, Deborah, for life or widowhood, and with a further limitation over at her death or marriage, to the children of Francis then living. John Merritt, the trustee, died intestate, leaving children, who with the said Deborah are the plaintiffs in this action. The life-tenant, Francis, who is also dead, in his life-time conveyed his estate to one John Cox, and after his death his administrator, under…
2Cited by19 opinions
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Condry v. . CheshireSupreme Court of North Carolina · 1883
- Pendleton v. WilliamsSupreme Court of North Carolina · 1918
- Pritchard v. . WilliamsSupreme Court of North Carolina · 1918
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1887
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