Caldwell v. . Neely
Supreme Court of North Carolina
Civil Action to recover Land tried at Pall Term, 1878, of Mecklenbueg Superior Court, before Schench, J. The facts appear in the opinion.
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Civil Action to recover Land tried at Pall Term, 1878, of Mecklenbueg Superior Court, before Schench, J. The facts appear in the opinion. The question before the jury was, whether thirty years adverse possession was proved so as to take the title out of the state, and the court charged if the jury were satisfied of this, they should find for the plaintiff; and declined to charge that both parties claimed under James Neely, and that therefore the defendant could not deny the plaintiff’s right to recover the one*half as tenant by the courtesy of his wife’s interest. There was a, verdict for…
1Opinion of the CourtSmith, C. J.
The plaintiff claims an estate for his own life in an undivided moiety of the lands described in his complaint, held by himself and the defendant as tenants in common. He derives title under one John Neely, who died intestate leaving an only child, James Neely, to whom, as his heir-at-law, the same descended. James Neely also died intestate, in the year 1834, leaving two daughters, one of whom married the plaintiff, had issue, and died. The other daughter married one R. B. Caldwell, and they by deed, in the year 1856, undertook to convey the whole tract and a full estate therein to the…
2Cases cited4 opinions
- Covington v. . StewartSupreme Court of North Carolina · 1877
- Day v. . Howard and BakerSupreme Court of North Carolina · 1875
- Hedrick v. . GobbleSupreme Court of North Carolina · 1868
- Neely v. NeelySupreme Court of North Carolina · 1878
3Cited by49 opinions
- Rice v. St. Louis, Arkansas & Texas Railway Co.Texas Supreme Court · 1894
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Bonds v. . SmithSupreme Court of North Carolina · 1890
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