Den Ex Dem. Cloud v. Webb
Supreme Court of North Carolina
Ejectment, tried before his Honor Judge Martin, at Orange, on the spring circuit of 1829. On the trial the case was, that Samuel Mooney died intestate in the year 1767, seised in fee of the lands described in the plaintiff’s declaration, leaving two sons and four daughters. Both of the sons died seised, and intestate and without issue, whereupon the lands descended upon the four sisters, of which the lessor of the plaintiff was one.
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Ejectment, tried before his Honor Judge Martin, at Orange, on the spring circuit of 1829. On the trial the case was, that Samuel Mooney died intestate in the year 1767, seised in fee of the lands described in the plaintiff’s declaration, leaving two sons and four daughters. Both of the sons died seised, and intestate and without issue, whereupon the lands descended upon the four sisters, of which the lessor of the plaintiff was one. In the year 1771 the three sisters of the lessor of the plaintiff conveyed all their estate in the promises to one Robert Neal. In the year 1772 the lessor of the…
1Opinion of the Court
HaTiX>, Judge,
after stating the case proceeded:
It must be admitted, that Robert Neal and Henry Meal have been in possession of the land from the year 1772 until year 1826, under a valid title from the three sisters of Ann Cloud,, and perhaps a color of title from Ann Cloud herself. But it does not follow, that their possession has been adverse to Ann Cloud since her discoverture.
All the title Daniel Cloud had in the land, and no more, was by him conveyed to Robert Meal; the residue of the estate was in Ann, his wife, her deed being inoperative on account of her coverture and infancy.…
2Cited by14 opinions
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- Winstead v. . WoolardSupreme Court of North Carolina · 1944
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