Legal Opinion

Scott v. Moser

Court of Appeals of North Carolina

Decided November 3, 1976No. 7617DC304PublishedCited by 3 opinions

1Opinion of the Court

PARKER, Judge.

The trial court rested its judgment upon two grounds: first, that the plaintiffs were under a mutual mistake of fact and of law such as to entitle them to have the. deeds reformed; and second, that the deeds were cross deeds of partition which conveyed no rights to the wards of the appellant. We find the second ground sufficient to support the judgment and affirm.

When G. Wes- Scott, died intestate,- fee 'simple title to- his lands, vested in .his three children, Cray, Irene, and Maude, as tenants' in. common.’ (Their title was,-, of'course,, subject to their mother’s dower…

2Cases cited3 opinions

  1. Harrison v. . RaySupreme Court of North Carolina · 1891
  2. Elledge v. WelchSupreme Court of North Carolina · 1953
  3. Huntley v. . ClineSupreme Court of North Carolina · 1885

3Cited by3 opinions

  1. Harris v. AshleyCourt of Appeals of North Carolina · 1978
  2. Keith v. KeithMissouri Court of Appeals · 1980
  3. Brown v. BrownCourt of Appeals of North Carolina · 1982

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