Aliph Dozier v. . C. W. Grandy and Wife
Supreme Court of North Carolina
This was a civil action brought to try title to land, and was tried -before His Honor Judge [Tool and a jury, at Spring-Term, 1871, of Currituck Superior Court.
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This was a civil action brought to try title to land, and was tried -before His Honor Judge [Tool and a jury, at Spring-Term, 1871, of Currituck Superior Court. The facts developed by the testimony were these : About 1812 one Peter ¡Barnard died seized of the land in question, having inherited the same from his father: said Peter left a widow who had dower assigned to her, married one Dozier, had issue a daughter, the feme defendant, and died; Peter left one son 'Jesse, upon whom the land descended as heir to Peter, and who died without issue or brother or sister of the whole blood ; that the…
1Opinion of the CourtBoydeN, J.
The very point raised in this case and in re-grrd to the same estate, has heretofore been expressly adjudi cated in tliis Court in the case of Bell et al. v. Dozier and wife 1 Dev. 333, decided in 1827, Judge Henderson delivering the opinioh of the Court.
And again in 1854, in the case of Lawrence v. Pitt, 1 Jones 344, another question was made in relation to the title to this same inheritance, the opinion being delivered by Judge Battle.
In both these cases the question arose whether upon the-death of Jesse Barnard, unmarried and without issue or brother or sister of the parental line, leaving…
2Cited by3 opinions
- Ex Parte BarefootSupreme Court of North Carolina · 1931
- Paul v. . CarterSupreme Court of North Carolina · 1910
- Watson v. . SullivanSupreme Court of North Carolina · 1910