Nixon v. . Williams
Supreme Court of North Carolina
Civil action, for the possession of land, tried before Cadger, Judge, at Spring Term, 1886, of Hyde Superior Court. There was a judgment for the plaintiff, from which the defendant appealed. It appears, that Lorenzo I). Williams died in the year 1874, seized and in the actual possession of the lands described in the complaint, leaving surviving him, his widow, the defendant, and' one daughter, Parley Williams, his sole heir-at-law, upon whom the land descended.
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Civil action, for the possession of land, tried before Cadger, Judge, at Spring Term, 1886, of Hyde Superior Court. There was a judgment for the plaintiff, from which the defendant appealed. It appears, that Lorenzo I). Williams died in the year 1874, seized and in the actual possession of the lands described in the complaint, leaving surviving him, his widow, the defendant, and' one daughter, Parley Williams, his sole heir-at-law, upon whom the land descended. The latter, in the year 1879, intermarried with the plaintiff, and there was born alive of this marriage only one child, a sou, who…
1Opinion of the CourtMerkimON, J.
(after stating the 'facts). The plaintiff contends, that he has a life estate in the lands described in the complaiut, as tenant by the curtesy, and is entitled to the possession thereof. The defendant, on the contrary, contends that he has not such estate, because his deceased wife never had actual seizin of the land.
Seizin, as applied to land, is a technical term, that implies the possession of an estate of freehold. Seizin in law, is the right to have such possession. Seizin in deed, is the actual possession of the freeholder. It means more than the mere possession — it is possession with…
2Cases cited2 opinions
- Gaylord v. . RespassSupreme Court of North Carolina · 1885
- Gadsby v. . DyerSupreme Court of North Carolina · 1884
3Cited by8 opinions
- Winstead v. . WoolardSupreme Court of North Carolina · 1944
- Atwell v. Shook.Supreme Court of North Carolina · 1903
- In Re Guardianship of DixonSupreme Court of North Carolina · 1911
- Ramsey v. . RamseySupreme Court of North Carolina · 1944
- Justice v. MitchellSupreme Court of North Carolina · 1953
3 more not listed; retrieve them via the Exa API.