Legal Opinion

Nobles v. . Nobles

Supreme Court of North Carolina

Decided March 28, 1919PublishedCited by 24 opinions

ActioN tried before Allen, J., at January Term, 1919, of Pitt. The action was to remove a cloud on tbe title of plaintiff, claiming to own the land in fee simple under a devise in his mother’s will, as follows: “Item 1. I give and devise to my son, Osborne 0. Nobles, the home in which I now live, together with all the buildings and one-half of the tract of land on which they are situated, during his lifetime, then to his legal representatives,” the other half of the land…

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ActioN tried before Allen, J., at January Term, 1919, of Pitt. The action was to remove a cloud on tbe title of plaintiff, claiming to own the land in fee simple under a devise in his mother’s will, as follows: “Item 1. I give and devise to my son, Osborne 0. Nobles, the home in which I now live, together with all the buildings and one-half of the tract of land on which they are situated, during his lifetime, then to his legal representatives,” the other half of the land having been devised, one-fourth each to Stephen F. and John 0. Nobles. That in 1910, Stephen F. and John C. Nobles and…

1Opinion of the CourtHoke, J.

In Satterwhite v. Gallagher, 173 N. C., 528, speaking to the proper interpretation and effect of our statutes now controlling in actions of this character, to remove a cloud from the title, the Court said: “Having reference to the broad and inclusive language of the statute, the mischief complained of and the purpose sought to be accomplished, we are of opinion that the law, as its terms clearly import, was designed and intended to afford a remedy wherever one owns or has an estate or interest in real property, whether he is in or out of possession, and another wrongfully sets up a claim to…

2Cases cited12 opinions

  1. Jones v. . WhichardSupreme Court of North Carolina · 1913
  2. May v. Lewis.Supreme Court of North Carolina · 1903
  3. Hobgood v. HobgoodSupreme Court of North Carolina · 1915
  4. Nichols v. . GladdenSupreme Court of North Carolina · 1895
  5. Olney v. LoveringMassachusetts Supreme Judicial Court · 1897

7 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Reid v. . NealSupreme Court of North Carolina · 1921
  2. Hampton v. GriggsSupreme Court of North Carolina · 1922
  3. Price v. . EdwardsSupreme Court of North Carolina · 1919
  4. Hampton v. . GriggsSupreme Court of North Carolina · 1922
  5. Merchants National Bank v. DortchSupreme Court of North Carolina · 1923

19 more not listed; retrieve them via the Exa API.

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