Phillips v. . Davis .
Supreme Court of North Carolina
This was a civil action to recover real property tried at the last term of the Superior Court of Ashe county, before his Honor, Mitchell, J., when the defendants, under the ruling of the Court, had a judgment, from which the plaintiffs appealed. The facts of the case are sufficiently stated in the opinion of the Court.
1Opinion of the CourtReade, J.
In 1836, George Phillips, under whom the feme plaintiff claims as heirs, went into the possession of the land in controversy and continued in possession up to the time of his death in 1843. So that if said Phillips had title it descended to the feme plaintiff, and she had title. So the first question is did George Phillips have title ? His title to the 160 acre tract was a deed from James Blevins, in regard to which the question is, whether it conveys a fee simple or a life estate only. The deed is inartifidaily drawn. The premises are to “George Phillips,” omitting the word heirs, “ To have…
2Cited by14 opinions
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