Towles v. . Fisher
Supreme Court of North Carolina
Civil ActioN to recover Possession of Land tried at January ■ Special Term, 1877, of Wake Superior Court, before Schenck, J. The case is sufficiently stated by Mr. Justice RodmaN in delivering the opinion of this Court. Upon issues submitted .and under the instructions of His Honor there was a verdict for the plaintiffs. Judgment. Appeal by the defendant. cited 1 Sugden on Powers, 334, 2 Ibid, 138-154; Hill on Trustees, 478-486; Adams Eq. 100; Bat.
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Civil ActioN to recover Possession of Land tried at January ■ Special Term, 1877, of Wake Superior Court, before Schenck, J. The case is sufficiently stated by Mr. Justice RodmaN in delivering the opinion of this Court. Upon issues submitted .and under the instructions of His Honor there was a verdict for the plaintiffs. Judgment. Appeal by the defendant. cited 1 Sugden on Powers, 334, 2 Ibid, 138-154; Hill on Trustees, 478-486; Adams Eq. 100; Bat. Rev. ch. 45, § 116, not applicable to cases where executor has merely left the State.
1Opinion of the CourtRodmaN, J.
This action is to recover a piece of land in Raleigh in the shape of a parallelogram, three feet wide on Fayetteville Street and of like width on Wilmington Street, the other sides being parallel. It is admitted that as to James Callum, one of the two parties plaintiff, the action is barred by the statute of limitations, so that it is in effect an action to recover an undivided half ©f the parallelogram.
The plaintiffs claim under the will of William Shaw who died in 1827. By the sixth clause of that will he devises the land in controversy to his wife Priscilla for life; and by the seventh…
2Cited by29 opinions
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Fort v. . AllenSupreme Court of North Carolina · 1892
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
- Elmore v. . ByrdSupreme Court of North Carolina · 1920
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