Boddie v. Bond
Supreme Court of North Carolina
Appeal from Ferguson, J., at September Term, 1910, of 'WARREN. Action for the recovery of land. Defendant denied tbe plaintiff’s ownership and set up an equitable estoppel, by which he says that, if he had not title to the land in dispute, he acquired it by the conduct of the plaintiff with reference to the location of a line between the said land which is claimed by him and that sold by plaintiff to Mrs. Mamie E. Miles.
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Appeal from Ferguson, J., at September Term, 1910, of 'WARREN. Action for the recovery of land. Defendant denied tbe plaintiff’s ownership and set up an equitable estoppel, by which he says that, if he had not title to the land in dispute, he acquired it by the conduct of the plaintiff with reference to the location of a line between the said land which is claimed by him and that sold by plaintiff to Mrs. Mamie E. Miles. The defendant contended that the line between the disputed lot and the property sold was curved, extending from the southeast corner of the Presbyterian Church lot (at A on…
1Opinion of the Court
'Walkbe, J.,
after stating the case: There is no sufficient evidence in the case to show that the defendant owned any part of the land, and unless the alleged equitable estoppel can be *365established, the plaintiff is entitled to recover the premises in dispute, provided the jury find that John W. Heptinstall was seized of them at the time of his death, as by his will and that of his widow and devisee they have been vested in the plaintiff. There was evidence tending to prove that he was the owner, which it is not necessary to set out. The material facts will be found in our statement of the case.
2Cases cited13 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Kirk v. HamiltonSupreme Court of the United States · 1880
- Henshaw v. BissellSupreme Court of the United States · 1874
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
- Electric Light Co. v. Gas Co.Tennessee Supreme Court · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- Whitacre Partnership v. Biosignia, Inc.Supreme Court of North Carolina · 2004
- Peek v. Wachovia Bank & Trust CompanySupreme Court of North Carolina · 1955
- Thompson v. SolesSupreme Court of North Carolina · 1980
- Nowell v. Great Atlantic & Pacific Tea CompanySupreme Court of North Carolina · 1959
- Matthieu v. Piedmont Natural Gas CompanySupreme Court of North Carolina · 1967
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