Davis v. . Lovick
Supreme Court of North Carolina
Appeal by plaintiff from Bone, J., at September Term, 1945, of LeNOIR. Tbe plaintiff divided bis land amongst bis children, including tbe defendant Laura Davis Lovick, an illegitimate daughter, conveying to each of them by deed in fee tbe remainder after reserving to himself and wife a life estate. Tbe wife is now dead.
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Appeal by plaintiff from Bone, J., at September Term, 1945, of LeNOIR. Tbe plaintiff divided bis land amongst bis children, including tbe defendant Laura Davis Lovick, an illegitimate daughter, conveying to each of them by deed in fee tbe remainder after reserving to himself and wife a life estate. Tbe wife is now dead. He alleges that by parol agreement be rented bis life estate in their respective shares to each of bis children, upon a rental of $100 per year, with tbe proviso that tbe rental should be increased as bis necessities might require; and tbe defendant Laura Lovick went into tbe…
1Opinion of the CourtSeawell, J.
Tbe decision in this ease turns upon tbe availability to tbe plaintiff of bis plea of tbe statute of frauds against tbe parol rental contract upon which defendants rely for their defense in retaining possession of lands reserved by plaintiff in bis life estate. Tbe defendant appellees argue that the plaintiff has asserted the parol contract, relies upon it for his cause of action and relief, and is therefore estopped from pleading the statute or obtaining any relief through it. We are of the opinion the position is not well taken.
The plaintiff brought his action in the Superior Court after…
2Cases cited5 opinions
- Grantham v. . GranthamSupreme Court of North Carolina · 1933
- Allison v. . SteeleSupreme Court of North Carolina · 1941
- Den on Dem. of Love v. EdmonstonSupreme Court of North Carolina · 1840
- Neal v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1944
- Barbee v. . LambSupreme Court of North Carolina · 1945
3Cited by7 opinions
- Dobias v. WhiteSupreme Court of North Carolina · 1954
- Kent v. HumphriesSupreme Court of North Carolina · 1981
- Kent v. HumphriesCourt of Appeals of North Carolina · 1981
- Simon v. MockCourt of Appeals of North Carolina · 1985
- Love v. United StatesDistrict Court, E.D. North Carolina · 1994
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