Wilson v. . Leary
Supreme Court of North Carolina
Civil actios, for tbe recovery of land, tried before Robinson, J., at Fall Term, 1896, cf BeRtie Superior Court, upon an agreed statement of facts, a jury trial being waived.
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Civil actios, for tbe recovery of land, tried before Robinson, J., at Fall Term, 1896, cf BeRtie Superior Court, upon an agreed statement of facts, a jury trial being waived. Tbe land in controversy was conveyed on tbe 5 th day of July, 1849, by Henderson Wilson, the ancestor of plaintiffs, to trustees for Oriental Lodge, No. 24, Independent Order of Odd-Fellows, v¡ bicb was incorporated under an Act of tbe General Assembly of North Carolina, at its session of 1850. The conveyance was in fee. The trustees and the Lodge went into possession and held it until 1872, when the Lodge ceased to…
1Opinion of the Court
ClaeK, J.:
The plaintiffs must recover upon the strength of their own title, and not upon defects, if any, in the title of the defendants. The conveyance by. their ancestor, Henderson "Wilson, was in fee simple to trustees “to convey to Oriental Lodge, No. 24, I. O. O. F., when the same shall have been incorporated by the Legislature of North Carolina.” It was subsequently incorporated. Though no'conveyance by such trustees to the Lodge is shown, the learned counsel for the plaintiffs admitted that the Statute of Uses, 27 Henry VIII, in force in this State by virtue of our statute, executed…
2Cases cited6 opinions
- School Committee v. . KeslerSupreme Court of North Carolina · 1872
- Holmes v. . HolmesSupreme Court of North Carolina · 1882
- Vonglahn v. . DerossetSupreme Court of North Carolina · 1879
- Towar v. HaleNew York Supreme Court · 1866
- Fox v. . HorahSupreme Court of North Carolina · 1841
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- Neptune Fire Engine & Hose Co. v. Board of EducationCourt of Appeals of Kentucky · 1915
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