Miller v. . Johnston
Supreme Court of North Carolina
Civil actioN, tried before Adams, J., at August Term, 1916, of BtTNCOMBE. This is an action to recover a lot of land in the 'city of Asheville, the controversy being as to the ownership of the land on the plat, which is copied below, between the lines B, M, N, I, or as reduced by the widening of Main Street and the opening of Walnut Street between the lines 1, 2, 3, 4. The plaintiffs are children and grandchildren of Elizabeth A. Gudger, who died in 1912, and they claim…
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Civil actioN, tried before Adams, J., at August Term, 1916, of BtTNCOMBE. This is an action to recover a lot of land in the 'city of Asheville, the controversy being as to the ownership of the land on the plat, which is copied below, between the lines B, M, N, I, or as reduced by the widening of Main Street and the opening of Walnut Street between the lines 1, 2, 3, 4. The plaintiffs are children and grandchildren of Elizabeth A. Gudger, who died in 1912, and they claim under the will of James M. Smith, who acquired lots 38, 37, and 36 in 1816, and all of the other land covered by the plat,…
1Opinion of the Court
AlleN, J.,
after stating the case: The plaintiffs claim under the will of James M. Smith, and they cannot recover unless the land in controversy is a part of the land devised to Elizabeth A. Gudger and her children.
The plaintiffs contend that the court ought to have held as matter of law that the devise included the three half-acre lots, Nos. 38, 37, and 36, as the lots on which James M. Smith lived, and in addition the five balf-acre lots, Nos. 35, 34, 43, 44, 45, and that, if this is not so, that the location of the land is a question for the jury, and that error was committed on 'the trial…
2Cases cited10 opinions
- Redmond v. . SteppSupreme Court of North Carolina · 1888
- Doe on Dem. of Tatem v. PaineSupreme Court of North Carolina · 1825
- Fincannon v. Sudderth.Supreme Court of North Carolina · 1905
- Jones v. . BunkerSupreme Court of North Carolina · 1880
- W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
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3Cited by11 opinions
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- McCanless v. . BallardSupreme Court of North Carolina · 1943
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