Southgate v. . Elfenbein
Supreme Court of North Carolina
Appeal by plaintiff from Granmer, J., at June Term, 1922, of Caetbket. Civil action to quiet title, subsequently converted into an action of ejectment, and to recover damages for an alleged trespass. At the close of plaintiff’s evidence, on motion of defendants, there was a judgment as of nonsuit, from which the plaintiff appealed.
1Opinion of the CourtStacy, J.
On the hearing it was admitted that plaintiff and defendants claim title to the locus in quo from a common grantor, Isaiah Mason.
In deraigning plaintiff’s title, he offered in evidence certain deeds covering the property and describing it by metes and bounds, but containing two exceptions to lands previously conveyed by Isaiah Mason to Ephream Willis and to W. P. Mason. The defendants claim the lands under Ephream Willis and W. P. Mason, and thus under the exceptions in the plaintiff’s deeds. But these deeds, under which the defendants claim, were not offered in evidence. The correctness of…
2Cases cited5 opinions
- Brown v. . RickardSupreme Court of North Carolina · 1890
- Bernhardt v. BrownSupreme Court of North Carolina · 1898
- Currie v. . HawkinsSupreme Court of North Carolina · 1896
- Lumber Co. v. Cedar Co.Supreme Court of North Carolina · 1906
- Bowser v. WescottSupreme Court of North Carolina · 1907
3Cited by4 opinions
- Taylor v. JohnstonSupreme Court of North Carolina · 1976
- Sledge v. MillerSupreme Court of North Carolina · 1959
- West Virginia Pulp & Paper Co. v. Richmond Cedar WorksSupreme Court of North Carolina · 1954
- Savage Bros. Timber Co. v. CozadSupreme Court of North Carolina · 1926