Legal Opinion

Benton v. . Benton

Supreme Court of North Carolina

Decided October 5, 1886PublishedCited by 2 opinions

Civil, ACTION, tried before MacRae, Judge, and a jury, at Eall Term, 1885, of Anson Superior Court. There was a judgment for the plaintiffs, and the defendants appealed. The facts are fully stated in the opinion.

1Opinion of the CourtSmith, C. J.

The action is to recover possession of two tracts of land, described separately in the complaint, upon an averment of title in the plaintiffs, which is controverted in the answer. In support of the claim, the plaintiffs introduced in evidence a deed executed on June 29th, 1850, by W. B. McCorkle to Stephen W. Cole, Edmond J. Waddell and Hampton B. Harman, alleged to convey the larger of the disputed tracts, in trust to secure a large indebtedness and liability then resting on him.

II. A deed for the same, made December 18th, 1852, by the trustees, to William A. Benton and Archibald C. Benton.

II…

2Cases cited2 opinions

  1. Riley v. . JordanSupreme Court of North Carolina · 1876
  2. Pate v. . TurnerSupreme Court of North Carolina · 1886

3Cited by2 opinions

  1. Freeman v. . RamseySupreme Court of North Carolina · 1925
  2. Heirs at Law of Freeman v. RamseySupreme Court of North Carolina · 1925

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