Legal Opinion

Fleming v. . Barden

Supreme Court of North Carolina

Decided May 1, 1900PublishedCited by 11 opinions

Civil ActioN fox possession of land, tried before' Star-buch, J., at November Term, 1899, of the Superior Court of Beaueobt County. The plaintiffs, children of John L. Brown and wife, Maria L. Brown,- claim under a deed from their father made, in June, 1880, to Ashley Oongleton, trustee, for the benefit of their mother for life, and for their benefit at her death, and .should none of them be then living, for his own benefit in fee.

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Civil ActioN fox possession of land, tried before' Star-buch, J., at November Term, 1899, of the Superior Court of Beaueobt County. The plaintiffs, children of John L. Brown and wife, Maria L. Brown,- claim under a deed from their father made, in June, 1880, to Ashley Oongleton, trustee, for the benefit of their mother for life, and for their benefit at her death, and .should none of them be then living, for his own benefit in fee. There was a. provision in the deed that he and his wife, with mutual consent, and joined by the trustee, might convey the property absolutely at any time in fee…

1Opinion of the CourtFurches, J.

This is an action for the possession of land, in which the defendant denies title in the plaintiffs, alleges title in herself by mesne conveyances from plaintiff’s ancestors, and also by color of title ripened by adverse possession, and tbe statute of limitations. Tbe facts presented are as follows:

That in June, 1880, John L. Brown and wife, M. L. Brown, conveyed tbe land in controversy to Ashley Oongleton in trust for M. L. Brown for life, tiren for tbe issue of John L. and M. L. Brown; and if tbe said M. L. Brown should die without leaving issue, tiren for the said John L. Brown. But this…

2Cases cited6 opinions

  1. National Bank of Asheville v. SumnerSupreme Court of North Carolina · 1896
  2. Forbes v. . SheppardSupreme Court of North Carolina · 1887
  3. First National Bank of Charlotte v. Lineberger, Rhyne & Co.Supreme Court of North Carolina · 1880
  4. Hollingsworth v. . TomlinsonSupreme Court of North Carolina · 1891
  5. Jenkins v. . DanielSupreme Court of North Carolina · 1899

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

3Cited by11 opinions

  1. Barbee v. EdwardsSupreme Court of North Carolina · 1953
  2. Fleming v. . BardenSupreme Court of North Carolina · 1900
  3. Rowland Hardware & Supply Co. v. LewisSupreme Court of North Carolina · 1917
  4. Barden v. Stickney.Supreme Court of North Carolina · 1902
  5. Fowler v. Barlow Et Ux.Supreme Court of Vermont · 1929

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

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