Feeguson v. Feeguson

It is conceded that both parties claim title to the land in question under Gaither B. Ferguson; the plaintiff by descent and *377assignment; the defendant by deed and devise. Prior ownership of the land, therefore, by Gaither B. Ferguson may be taken as a “fixed fact” so far as the present action is concerned. Newlin v. Osborne, 47 N. C., 164; Stewart v. Cary, 220 N. C., 214, 17 S. E. (2d), 29, 144 A. L. R., 1287.

The trial court was of opinion that the deed of 3 August, 1937, from Gaither B. Ferguson to Dollie Ferguson appeared on its face to be a deed of gift, Reeves v. Miller, 209 N. C., 362,…