Davis v. . Davis
Supreme Court of North Carolina
Civil action, tried before Peebles, J., and a jury, at Spring Term, 1907, of Watauga Superior Court, and brought to set aside tbe execution and privy examination of a deed, dated 13 May, 1904, purporting to have been made by plaintiff to her son, Eugene Davis.
Read the full summary
Civil action, tried before Peebles, J., and a jury, at Spring Term, 1907, of Watauga Superior Court, and brought to set aside tbe execution and privy examination of a deed, dated 13 May, 1904, purporting to have been made by plaintiff to her son, Eugene Davis. ITis Honor, without objection, submitted the following-issues : “1. Was the privy examination of Julia A. Davis to the deed of 13 May, 1904, taken separate and apart from her husband, M. M. Davis?” Answer: “No.” “2. Was the plaintiff the owner in fee of the lands described in the pleadings when she signed the deed to her son on 13 May,…
1Opinion of the CourtBrown, J.
The evidence tends to prove that the plaintiff Julia A. Davis inherited the land described in the complaint from her father. She is the widow of M. M. Davis. She and her husband had but one child, a son, by name of Eugene O. Davis. Early in life, when this son was about seventeen or eighteen years of age, he developed tuberculosis and died. While in this diseased condition and enfeebled by the ravages of his fatal malady, the plaintiff and her husband, M. M. Davis, joined in a deed purporting to convey plaintiff’s land to said son, who, within a few months thereafter, died. The father, M. M.…
2Cited by4 opinions
- Brite v. . PennySupreme Court of North Carolina · 1911
- Lee v. RhodesSupreme Court of North Carolina · 1949
- Beam v. AlmondSupreme Court of North Carolina · 1967
- Whitaker v. . the Sikes Co.Supreme Court of North Carolina · 1924