Legal Opinion

Smathers v. . Jennings

Supreme Court of North Carolina

Decided January 12, 1916PublishedCited by 4 opinions

Appeal by defendant E. H. Jennings from Cline, J., and a jury, at May Term, 1915, of Jackson. The plaintiffs, claiming to be the owners in fee of two tracts of land located in Jackson County, sued the defendants under section 1589 of Eevisal of 1905, alleging that the lands were granted by the State to one John T. Foster, and that they derived title by various mesne conveyances from and through said John T. Foster, and that they are informed that ■the defendant E. IT.

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Appeal by defendant E. H. Jennings from Cline, J., and a jury, at May Term, 1915, of Jackson. The plaintiffs, claiming to be the owners in fee of two tracts of land located in Jackson County, sued the defendants under section 1589 of Eevisal of 1905, alleging that the lands were granted by the State to one John T. Foster, and that they derived title by various mesne conveyances from and through said John T. Foster, and that they are informed that ■the defendant E. IT. Jennings claims to be the owner of an estate or interest in said two tracts of land, which claim is adverse to the rights of…

1Opinion of the CourtAlleN, J.

There are numerous exceptions in the record, but those relied on in the briefs may be considered under four heads:

■ (1) Plaintiffs introduced as a part of their title original deed of release from Charles F. Mayer to Thomas M. Lanahan, dated 23 April, 1856, and duly recorded in the office of the register of deeds for Jackson County, in Book TT, at page 351, 25 May, 1910, the description in which wa.s as follows, to wit: “All those lands, tracts and parcels situate in Jackson County, State of North' Carolina, Thomas B. Lemon conveyed to Mayer by deed dated 17 October, 1855, and registered in…

2Cases cited4 opinions

  1. Gudger v. White.Supreme Court of North Carolina · 1906
  2. Collins v. Asheville Land Co.Supreme Court of North Carolina · 1901
  3. Watson v. HinsonSupreme Court of North Carolina · 1913
  4. Riley v. . CarterSupreme Court of North Carolina · 1912

3Cited by4 opinions

  1. Spivey v. NewmanSupreme Court of North Carolina · 1950
  2. Hughes v. MeemNew Mexico Supreme Court · 1962
  3. Watson v. . HinsonSupreme Court of North Carolina · 1913
  4. In Re the Foreclosure of NortonCourt of Appeals of North Carolina · 1979

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