Debnam v. . Watkins
Supreme Court of North Carolina
ActioN tried before Allen, and a jury, at January Term, 1919, of Wake. William Mitchell died in the year 1890 and left a will, in which he devised the tract of land in question to C. R. Debnam for life, remainder to his five children, Joseph B., Mattie, Bettie, Hattie and Thomas Deb-nam. C. R. Debnam, the life-tenant, is still living, and about thirty years ago he leased the land to the defendant, J. A. Watkins, who has held it from year to year, under the lease, ever since.
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ActioN tried before Allen, and a jury, at January Term, 1919, of Wake. William Mitchell died in the year 1890 and left a will, in which he devised the tract of land in question to C. R. Debnam for life, remainder to his five children, Joseph B., Mattie, Bettie, Hattie and Thomas Deb-nam. C. R. Debnam, the life-tenant, is still living, and about thirty years ago he leased the land to the defendant, J. A. Watkins, who has held it from year to year, under the lease, ever since. On 28 October, 1909, C. R. Debnam and Hattie Debnam, one of his children, conveyed all their interest in the land, by…
1Opinion of the Court
Walker, J.,
after stating the facts as above: The questions of fraud and improvements may be eliminated from the case as the first is not properly pleaded, nor is the second referred to at all. It was agreed that the issues be settled after hearing the evidence. There was no evidence of fraud. It may be, as suggested by jfiaintiff on the argument, that defendants may proceed under the statute to have an allowance made for improvements, but we give no opinion as to this matter i.t not being before us.
Under the tender alleged to have been made to Mr. Jones, the senior mortgagee, the money has…
2Cases cited11 opinions
- Bissell v. HeywardSupreme Court of the United States · 1878
- W. S. Mason v. . Alfred WilliamsSupreme Court of North Carolina · 1872
- Parker v. . BeasleySupreme Court of North Carolina · 1895
- Soper v. JonesCourt of Appeals of Maryland · 1881
- Dickerson v. Simmons.Supreme Court of North Carolina · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ingold v. Phoenix Assurance Co.Supreme Court of North Carolina · 1949
- Lewis v. . NunnSupreme Court of North Carolina · 1920