Amis v. . Stephens
Supreme Court of North Carolina
This was a civil action, tried before Whitaker. J., at the Spring Term, 1892, of Person Superior Court, upon the following agreed facts: The plaintiffs are the children of E. R. Amis, a daughter of John Paylor.
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This was a civil action, tried before Whitaker. J., at the Spring Term, 1892, of Person Superior Court, upon the following agreed facts: The plaintiffs are the children of E. R. Amis, a daughter of John Paylor. E. R. Amis, the mother of plaintiffs, died in 1882, at which time all the plaintiffs were twenty-one years of age and under no disability; in 1860, under certain proceedings, John Barnett, Clerk and Master of the Court of Equity in Person County, executed a deed sufficient in form to convey the fee in the locus in quo to B. D. Paylor; in 1862 B. D. Paylor executed a deed sufficient in…
1Opinion of the Court
Clark, J.:
This case is “ on all fours” with McCulloh v. Daniel, 102 N. C., 529, which is decisive of it. His Honor’s attention was doubtless not called to that case. This is not a deed made by one tenant in common purporting to convey the whole, nor a deed of a Sheriff under an execution, sale against one tenant in common. In those cases the purchaser takes the right — neither more nor less — which the tenant in common had, and becomes a tenant in common in his stead. Hence twenty years adverse possession of the whole is necessary to bar the other tenants in common. Ward v. Farmer, 92 N. C.,…
2Cases cited3 opinions
- Ward v. . Farmer SoutherlandSupreme Court of North Carolina · 1885
- McCulloh v. . DanielSupreme Court of North Carolina · 1889
- Johnson v. . ParkerSupreme Court of North Carolina · 1878
3Cited by9 opinions
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- Perry v. . BassengerSupreme Court of North Carolina · 1941
- Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
- Alexander v. . Cedar WorksSupreme Court of North Carolina · 1919
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