Ruark v. . Harper
Supreme Court of North Carolina
Appeal by defendants from Calvert, J., at April Term, 1919, of New HANOVER. This was. an action to remove a cloud upon title to lands. William Grissom died intestate in 1875 seized of three contiguous tracts of land in said county. His wife died in 1889. He owned no' other land in said county at his death, after which the land was listed for taxes in the name of the “heirs of William Grissom.”
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Appeal by defendants from Calvert, J., at April Term, 1919, of New HANOVER. This was. an action to remove a cloud upon title to lands. William Grissom died intestate in 1875 seized of three contiguous tracts of land in said county. His wife died in 1889. He owned no' other land in said county at his death, after which the land was listed for taxes in the name of the “heirs of William Grissom.” The court found as facts: “The sheriff executed his tax deed to the said J. W. Mintz, husband of Emily A.- Mintz, dated 27 May, 1901, recorded 5 January, 1904, for ‘164 acres in Federal Point Township,…
1Opinion of the CourtClakk, C. J.
The court held that the sheriff’s deed “if otherwise valid did not operate to convey the whole of said premises to said J. W. Mintz, because of his relation as husband of said Emily A. Mintz, who was a tenant in common, and the title remained unchanged and the cotenancy existing between them and her as cotenants continued thereafter.”
In this there was error. Mintz was not a tenant in common by reason of the fact that his wife was, and while it has been held in Jordan v. Simmons, 169 N. C., 140, that the husband could not buy the wife’s land at a tax sale and claim title against the wife,…
2Cases cited12 opinions
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- Heath, Springs & Co. v. Big Falls Cotton MillsSupreme Court of North Carolina · 1894
- John L. Roper Lumber Co. v. Richmond Cedar Works & Dismal Swamp Canal Co.Supreme Court of North Carolina · 1915
- Brown v. HutchinsonSupreme Court of North Carolina · 1911
- Smith v. Ayden Lumber Co.Supreme Court of North Carolina · 1907
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3Cited by4 opinions
- Speight v. Branch Banking & Trust Co.Supreme Court of North Carolina · 1936
- Gentry v. . GentrySupreme Court of North Carolina · 1924
- Toole v. LawrenceNebraska Supreme Court · 1944
- Harrold v. Good Roads CommissionSupreme Court of North Carolina · 1921