Legal Opinion

Osborne v. . Leak

Supreme Court of North Carolina

Decided October 5, 1883PublishedCited by 5 opinions

EJECTMENT tried at Spring Term, 1883, of Forsyth Superior Court, before Graves, J. There was a verdict and judgment for plaintiffs, and the defendants appealed.

1Opinion of the CourtSmith, C. J.

The plaintiffs claim title to the land sought to be recovered in the suit, under a claim in the script which in form purports to be, and they allege is, the will of David Dalton, the former owner, executed in March, 1842, wherein the land is devised to his son, Don Ferdinand Dalton, for life, with remainder in fee to his children, who, with the husbands of such as are married, are plaintiffs in the cause. Two of them of fender age were living at their grandfather’s death, in 1847, and the others have been born since.

^ Soon after the death of the alleged testator, the script was propounded for…

2Cited by5 opinions

  1. Poore v. . PooreSupreme Court of North Carolina · 1931
  2. Morris v. MorrisSupreme Court of North Carolina · 1956
  3. Paul v. . DavenportSupreme Court of North Carolina · 1940
  4. Hargrave v. GardnerSupreme Court of North Carolina · 1965
  5. In Re ThomasSupreme Court of North Carolina · 1892

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