Northcott v. . Northcott
Supreme Court of North Carolina
Civil, ACTION, tried before Whedbee, Jat October Term, 1917, of HERTFORD. Plaintiff alleged that Mary A. Mitchell died 19 June, 1899, leaving a will in which she devised the land in question, in the town of Vinton, to him for life (after the death of her husband) j and at plaintiff’s death to his children in fee, but if he died without children, to his sister, Roberta S. Northcott, with an exception of part of the lot which is given to Roberta S. Northcott for her life with…
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Civil, ACTION, tried before Whedbee, Jat October Term, 1917, of HERTFORD. Plaintiff alleged that Mary A. Mitchell died 19 June, 1899, leaving a will in which she devised the land in question, in the town of Vinton, to him for life (after the death of her husband) j and at plaintiff’s death to his children in fee, but if he died without children, to his sister, Roberta S. Northcott, with an exception of part of the lot which is given to Roberta S. Northcott for her life with limitation in case of her death without heirs of her body, to John A. Northcott for his life and then to his children,…
1Opinion of the Court
WalkeR, J.,
after stating the case: We are of the opinion that Judge Winston was right in holding that the plaintiff was not entitled to judgment for a sale of the land to pay for the improvements which he had put upon it. The reason is that he has improved it for the better enjoyment of his admitted estate in it, knowing the length of his term, or the quantity of his interest, and, therefore, when his estate will ex pire. He is not witbin tbe protection of the equitable principle allowing for betterments made by one who honestly and in good faith believed he had a good title and is afterwards…
2Cases cited4 opinions
- Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
- Merritt v. . ScottSupreme Court of North Carolina · 1879
- McKimmon, Currie & Co. v. CaulkSupreme Court of North Carolina · 1915
- Weber v. LaumanCourt of Appeals of Maryland · 1900
3Cited by5 opinions
- Hampton v. . Spinning CompanySupreme Court of North Carolina · 1930
- Cameron v. . McDonaldSupreme Court of North Carolina · 1940
- In re Atkinson-Clark Canal Co.Supreme Court of North Carolina · 1951
- Smith v. . SuittSupreme Court of North Carolina · 1930
- Hall v. . HallSupreme Court of North Carolina · 1941