Spaugh v. . Hartman
Supreme Court of North Carolina
ActioN to recover land, tried before Long, J., and a jury, at November Term, 1908, of Davidson. Tbe case was made to turn upon tbe finding of tbe jury upon tbis issue, submitted by consent: “Are tbe plaintiffs tbe beirs of "Wesley Delap and entitled to tbe possession of tbe lands described in tbe complaint?” Answer: “No.” Tbe plaintiffs'moved for a new trial, assigning errors. Motion denied. Plaintiffs excepted and appealed from tbe judgment rendered.
1Opinion of the CourtBrown, J.
Tbe land in controversy was devised by Alex Delap to James Wesley Delap (colored), wbo bad been bis slave. Upon the death of the testator the said devisee entered into possession and remained there until he died, intestate, in 1906. The defendants then entered upon the lands and have remained there since, claiming as heirs of Alex Delap. The plaintiffs claim the lands as the children of Calvin Delap, who, it is alleged, was the son of Wesley Delap and his “slave wife,” Martha, Spaugh. Calvin was born of said Martha about 1853, and it is. contended that Wesley Delap was his father,…
2Cases cited4 opinions
- Nelson v. Hunter.Supreme Court of North Carolina · 1906
- Doe on the Demise of Archer v. HaithcockSupreme Court of North Carolina · 1859
- Weaver v. . CryerSupreme Court of North Carolina · 1827
- Nelson v. . HunterSupreme Court of North Carolina · 1907
3Cited by5 opinions
- Daniels v. JohnsonSupreme Court of Arkansas · 1950
- Walker v. . WalkerSupreme Court of North Carolina · 1909
- Croom v. . WhiteheadSupreme Court of North Carolina · 1917
- Hall v. . FlemingSupreme Court of North Carolina · 1917
- Weaver v. . CryerSupreme Court of North Carolina · 1827