Legal Opinion

Wilkins v. . Suttles

Supreme Court of North Carolina

Decided February 5, 1894PublishedCited by 7 opinions

Civil actiox to recover land, tried before Me Ivor, J., and a juiy, at Fall Term, 1893, of Rutherford Superior Court. The complaint was as follows: “1. That they are the owners and are entitled to the immediate possession of a tract of land lying in Rutherford county, N. C., joining lands of William Miller, James Roberts and others, where defendant now lives, containing about thirty-three acres.

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Civil actiox to recover land, tried before Me Ivor, J., and a juiy, at Fall Term, 1893, of Rutherford Superior Court. The complaint was as follows: “1. That they are the owners and are entitled to the immediate possession of a tract of land lying in Rutherford county, N. C., joining lands of William Miller, James Roberts and others, where defendant now lives, containing about thirty-three acres. “2. That defendant and those under whom he claims entered into possession of said tract of land by contract of purchase from one J. H. Wilkins, an ancestor of plaintiffs, 5. J. Tillinghast and W. T.…

1Opinion of the Court

MacRae, J.:

“ Where a person enters into a tract of land under a written contract to purchase it, he becomes a tenant at will to the bargainor and is estopped from denying his title in an action of ejectment .brought against him to recover the possession.” Dowd v. Gilchrist, 1 Jones, 353. “An estoppel is the conclusive ascertainment of a fact by the parties, so that it no longer can be controverted between them. It is not solel}'- the result of the act of the parties themselves, but may be by the adjudication of a Court appointed to try the facts. After an estoppel has thus arisen if the…

2Cases cited2 opinions

  1. Bynum v. . PoweSupreme Court of North Carolina · 1887
  2. People's Bank v. StewartSupreme Court of North Carolina · 1885

3Cited by7 opinions

  1. Smith v. SmithSupreme Court of North Carolina · 1959
  2. Bullard v. Pilot Fire InsuranceSupreme Court of North Carolina · 1925
  3. Weeks v. McPhail.Supreme Court of North Carolina · 1901
  4. State v. SmithNebraska Supreme Court · 1938
  5. Upton v. . FerebeeSupreme Court of North Carolina · 1919

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