Hutton & Bourbonnais Co. v. Horton
Supreme Court of North Carolina
Civil ACTION for trespass upon a certain tract of land, tried before Long, J., at May Term, 1919, of Oaldwei/l, upon these issues: “1. Is tbe defendant, Wood Horton, estopped by tbe record in Wilkes Superior Court from claiming title to tbe 95-acre tract described in tbe complaint? Answer: ‘Yes.’ “2. Are tbe defendants, Wood Horton and Larkin Horton, estopped from claiming title to tbe 95-acre tract by reason of tbeir representation and conduct? Answer: ‘Yes.’ “3. Are tbe…
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Civil ACTION for trespass upon a certain tract of land, tried before Long, J., at May Term, 1919, of Oaldwei/l, upon these issues: “1. Is tbe defendant, Wood Horton, estopped by tbe record in Wilkes Superior Court from claiming title to tbe 95-acre tract described in tbe complaint? Answer: ‘Yes.’ “2. Are tbe defendants, Wood Horton and Larkin Horton, estopped from claiming title to tbe 95-acre tract by reason of tbeir representation and conduct? Answer: ‘Yes.’ “3. Are tbe plaintiffs owners of tbe 95-acre tract described in tbe complaint,’or any part thereof? If so, what part? Answer:‘All.’…
1Opinion of the CourtBeown, J.
It is admitted that David E. Horton, prior to 12 October, 1866, owned all tbe lands in controversy in fee simple. On said date be Executed a deed to David L. Horton, containing tbe following clause:
*550“To tbe said party of tbe first part for tbe term of tbeir natural lives, and tbe life of tbe survivor, remainder, after tbe death of tbe survivor, to tbe use of tbe party of tbe second part, for tbe term of bis natural life, and from and after termination of bis estate, tben to all bis children born or to be born, and tbeir heirs forever.”
David L. Horton died about five years ago, having bad seven…
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