School Committee v. . Kesler
Supreme Court of North Carolina
Civil action, tried before Cloud, -J., at Spring Term-, -1872, of Rowan Superior Court. The action was brought to recover damages -to a school (house. Plaintiff exhibited a deed from the defendant Kesler to the school committee ot District 38, in Rowan county, dated (Nov, 27th, 1848. This evidence was objected to, but received by the Court.
Read the full summary
Civil action, tried before Cloud, -J., at Spring Term-, -1872, of Rowan Superior Court. The action was brought to recover damages -to a school (house. Plaintiff exhibited a deed from the defendant Kesler to the school committee ot District 38, in Rowan county, dated (Nov, 27th, 1848. This evidence was objected to, but received by the Court. This deed was made to Samuel Peeler and others, whose names are set out in the deed, School Committee of the 38th district of common schools and their ‘‘successors in office &c;” and the habendum, clause is, “To have and to hold &c., as long as the system…
1Opinion of the Court
Peakson, O. J.
Many points were made in the Court below, but we will notice only the three that were urged on the argument here. ,
1. The deed, under which the plaintiff makes title, conveys 'the locus in quo, to the School Committee of the thirty-eighth district of common schools and their sxiccessors in office, ot the comity of Rowan. The deed was executed in 1848, and the plaintiff is not the successor ot the school committee existing at that date.
We think it entirely clear, that the .plaintiff' is the successor of the School Committee ot the thirty-eighth district of common schools of the…
2Cases cited1 opinion
- Carson v. Commissioners of Cleaveland CountySupreme Court of North Carolina · 1870
3Cited by27 opinions
- Williams v. . WilliamsSupreme Court of North Carolina · 1942
- Furst v. . MerrittSupreme Court of North Carolina · 1925
- Griffin v. Lumber Co.Supreme Court of North Carolina · 1906
- Colt v. . KimballSupreme Court of North Carolina · 1925
- Perry v. Southern Surety Co.Supreme Court of North Carolina · 1925
22 more not listed; retrieve them via the Exa API.