Powers v. . Kite
Supreme Court of North Carolina
Civil ActioN to recover Land, tried at Spring Term, 1880, of Currituck Superior Court, before Graves, J. The case was submitted to the judge upon the following facts agreed : Silas Powers, being the owner of the land in dispute, in 1850 married the plaintiff and died in 1862. He was the illegitimate son of Nancy Powers, who died before the said Silas.
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Civil ActioN to recover Land, tried at Spring Term, 1880, of Currituck Superior Court, before Graves, J. The case was submitted to the judge upon the following facts agreed : Silas Powers, being the owner of the land in dispute, in 1850 married the plaintiff and died in 1862. He was the illegitimate son of Nancy Powers, who died before the said Silas. The defendant Virginia Kite was the legitimate daughter of the said Nancy,; and Lawson Powers, the other defendant, claimed a part of the land in controversy, by purchase from the said Virginia. His Honor being of opinion with defendants,…
1Opinion of the CourtAshe, J.
The only question presented by the record is, who is entitled to the land ? the plaintiff who is the widow of Silas Powers, or Virginia Kite, his legitimate half-sister by the mother? The plaintiff, as widow of Silas Powers,' claims that she is entitled to the land under the 8th rule of descents, which is as follows: “ When any person shall die, leaving none who can claim as heir to him, his widow shall be deemed his heir, and as such shall inherit his estate.” Bat. Rev., ch. 86.
If this were the only law applicable- to the case, the plaintiff would he clearly entitled to recover,, but the…
2Cases cited1 opinion
- McBryde v. . PattersonSupreme Court of North Carolina · 1878
3Cited by7 opinions
- Goodell v. YezerskiMichigan Supreme Court · 1912
- Kenney v. . R. R.Supreme Court of North Carolina · 1914
- Kenney v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1914
- University of North Carolina v. MarkhamSupreme Court of North Carolina · 1917
- Davis v. . CrumpSupreme Court of North Carolina · 1941
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