Jordan v. . Simmons
Supreme Court of North Carolina
Appeal by plaintiff from Adams, J., at September Term, 1914, of MONTGOMERY. Civil action to establish title and recover possession of a tract of land, instituted in May, 1903, and, as it now appears, only Allen Jordan was named in tbe summons as plaintiff.
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Appeal by plaintiff from Adams, J., at September Term, 1914, of MONTGOMERY. Civil action to establish title and recover possession of a tract of land, instituted in May, 1903, and, as it now appears, only Allen Jordan was named in tbe summons as plaintiff. There seem to be facts in evidence tending to show that it was thereafter prosecuted for both Allen Jordan and his wife, Mary, but there is no entry in the record as it now appears showing that the wife was formally made a party. Both the husband and wife having died, at January Term, 1908, Molly Deaton, heir at law of plaintiffs, and J. M.…
1Opinion of the CourtHoKe, J.
In Laws of 1895, ch. 119, sec. 69, it was provided that no action for the recovery of real property sold for the nonpayment of taxes shall lie unless the same is brought within three years after the sheriff’s deed is made, etc. The statute contained a proviso giving indication that it was the intent and purpose of the lawmakers that the provision should operate in favor of the claimant under the tax title and against the original owner, and, so construed, tbe section and tbe proviso are brought forward in 2 Pell’s Revisal, cb. 72, sec. 2909, being tbe last clause of tbe section, and see Lyman…
2Cases cited4 opinions
- Oldham v. . RiegerSupreme Court of North Carolina · 1907
- Guthrie v. . BaconSupreme Court of North Carolina · 1890
- McNair v. . BoydSupreme Court of North Carolina · 1913
- Lyman v. . HunterSupreme Court of North Carolina · 1898
3Cited by8 opinions
- Speight v. Branch Banking & Trust Co.Supreme Court of North Carolina · 1936
- Price v. SlagleSupreme Court of North Carolina · 1925
- Price v. . SlagleSupreme Court of North Carolina · 1925
- Bailey v. . HowellSupreme Court of North Carolina · 1936
- Jordan v. . SimmonsSupreme Court of North Carolina · 1918
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