Cox v. . Cox
Supreme Court of North Carolina
Ejectment, tried at Spring Term, 1883, of Moore Superior Court, before Philips, J. The plaintiffs, who were minors at the time this action-was commenced, suing by their next friend, claim the land in controversy under a devise in the will of their grandfather, Thomas Cox, Sr., deceased, to their father, Thomas Cox, Jr., deceased, which devise was in these words: “ I give and devise to my son, Thomas Cox, two hundred-acres, adjoining the land he now owns, beginning at the…
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Ejectment, tried at Spring Term, 1883, of Moore Superior Court, before Philips, J. The plaintiffs, who were minors at the time this action-was commenced, suing by their next friend, claim the land in controversy under a devise in the will of their grandfather, Thomas Cox, Sr., deceased, to their father, Thomas Cox, Jr., deceased, which devise was in these words: “ I give and devise to my son, Thomas Cox, two hundred-acres, adjoining the land he now owns, beginning at the line near A. K. Wicker’s, and running straight across to the-back line towards Torguill McNeill’s, taking the eighty-two…
1Opinion of the CourtAshe, J.
The defendants rested their defence upon two grounds; first, that the devise to Thomas Cox,. Jr., was void for uncertainty.; and secondly, that ejectment was not the .proper remedy.
His Honor expressed no opinion upon the first point, but intimated the opinion that the plaintiffs could not recover, for the reason there had been no division of the land of the testator under the -will,-and no proceedings ever had to establish the lines between the sons of the testator. In this there was-error. The lands of the testator were divided by the will itself. They were apportioned out among .all the…
2Cited by14 opinions
- Shaffer v. . HahnSupreme Court of North Carolina · 1892
- Harrell v. . ButlerSupreme Court of North Carolina · 1885
- Blow v. . VaughanSupreme Court of North Carolina · 1890
- Smathers v. . GilmerSupreme Court of North Carolina · 1900
- Brown v. Hamilton.Supreme Court of North Carolina · 1904
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