Legal Opinion

Cedar Works v. . Shepard

Supreme Court of North Carolina

Decided February 23, 1921PublishedCited by 5 opinions

Appeal from Calvert, at November Term, 1920, of PasquotaNK. TMs action was brought under sec. 1589 of the Revisal, now sec. 1143, Consolidated Statutes, and involves the ownership of three tracts of land situate in the counties of Pasquotank, Perquimans, and Gates.

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Appeal from Calvert, at November Term, 1920, of PasquotaNK. TMs action was brought under sec. 1589 of the Revisal, now sec. 1143, Consolidated Statutes, and involves the ownership of three tracts of land situate in the counties of Pasquotank, Perquimans, and Gates. The case is submitted on facts agreed, from which it appears plaintiff claims title under three independent sources, as follows: 1. The first originates with four grants, issued 21 October, 1784, to Jonathan Herring, and with which plaintiff seeks to connect itself by mesne conveyances. Under this claim, two deeds, necessary links…

1Opinion of the CourtStacy, J.

The validity of the plaintiff’s first claim of title was before this Court in tbe case of Thompson v. Lumber Co., 168 N. C., 226. It was there decided that tbe clerk and master’s deed to Joseph Pritchard was void for want of delivery, the grantee being dead at the time of its execution, but it was suggested that upon proof of payment of the purchase price, bid at the sale, an equitable estate would inure to the heirs of the purchaser. There are some circumstances tending to show payment, but the evidence is not conclusive, and the fact is not admitted. In the absence of such finding, or…

2Cases cited8 opinions

  1. Warren v. . WillifordSupreme Court of North Carolina · 1908
  2. Rexford v. . PhillipsSupreme Court of North Carolina · 1912
  3. Matthews v. Fry.Supreme Court of North Carolina · 1906
  4. King v. Cooper.Supreme Court of North Carolina · 1901
  5. Thompson v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1915

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Merchants National Bank v. DortchSupreme Court of North Carolina · 1923
  2. Mitchell County v. HudspethSupreme Court of Georgia · 1921
  3. Sears v. BraswellSupreme Court of North Carolina · 1929
  4. Sears v. . BraswellSupreme Court of North Carolina · 1929
  5. Weston v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1915

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