Newbern v. Leigh
Supreme Court of North Carolina
Appeal by defendants from Bond, J., at chambers, Elizabeth City, 20 May, 1922, from PasquotaNIC. John L. Hinton was a resident of Pasquotank, and died in 1909, leaving a will, which was duly probated and recorded in said county 29 January, 1910. His children, Mary E. Hinton, E. L. Hinton, C. L. Hinton, E. V. Hinton, W. E. Hinton, and Ida Sawyer were the sole beneficiaries under said will.
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Appeal by defendants from Bond, J., at chambers, Elizabeth City, 20 May, 1922, from PasquotaNIC. John L. Hinton was a resident of Pasquotank, and died in 1909, leaving a will, which was duly probated and recorded in said county 29 January, 1910. His children, Mary E. Hinton, E. L. Hinton, C. L. Hinton, E. V. Hinton, W. E. Hinton, and Ida Sawyer were the sole beneficiaries under said will. Among other lands owned by the said John L. Hinton at the time of his death was this tract of 200 acres. E. L. Hinton acquired the interest of the other devisees under the will, and on IS March, 1913,…
1Opinion of the CourtOlaRK, C. J.
Tbe fact tbat upon a caveat filed 3 December, 1919, tbe will of John L. Hinton was set aside cannot possibly affect tbe title of tbe defendants. There is no evidence nor claim tbat tbe devisees named in tbe will, probated in 1910, bad any knowledge or intimation tbat tbe will would be attacked, and there is no contradiction tbat these defendants, as well as all others in tbe chain of title to tbe said property, were purchasers for value before tbe caveat was filed, and without any notice of any defect in the will of John L. Hinton, and tbat they were in all respects bona fide purchasers. A…
2Cases cited10 opinions
- State v. McGlynn & ButlerCalifornia Supreme Court · 1862
- Davis v. GainesSupreme Court of the United States · 1881
- Fallon v. ChidesterSupreme Court of Iowa · 1877
- Reeves v. HagerTennessee Supreme Court · 1899
- Lanier v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1919
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Whitehurst v. AbbottSupreme Court of North Carolina · 1945
- Newbern v. . HintonSupreme Court of North Carolina · 1925
- Jones v. WarrenSupreme Court of North Carolina · 1968
- Whitehurst v. HintonSupreme Court of North Carolina · 1936
- Simpson v. CornishWisconsin Supreme Court · 1928
4 more not listed; retrieve them via the Exa API.