Albright v. . Albright
Supreme Court of North Carolina
Crvxx, ACTION tried before Daniels, J., at tbe September Term, 1916, of At,am:ance. This is an action to remove a cloud from title> the plaintiffs alleging that they are owners in fee of the lands described in the complaint, under the will of D. H. Albright, and that the defendants are setting up an adverse claim thereto.
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Crvxx, ACTION tried before Daniels, J., at tbe September Term, 1916, of At,am:ance. This is an action to remove a cloud from title> the plaintiffs alleging that they are owners in fee of the lands described in the complaint, under the will of D. H. Albright, and that the defendants are setting up an adverse claim thereto. During the trial of the action the court intimated to plaintiffs’ counsel that, in its opinion, the plaintiffs were not entitled to judgment declaring the plaintiffs the owners in fee of the lands devised by D. H. Albright to them, the court being of the opinion that each of…
1Opinion of the CourtAlleN, J.
This is an appeal from a judgment of nonsuit, to which the plaintiffs voluntarily submitted upon an intimation by the judge presiding that they held only a defeasible fee under the will of D. H. Albright, and, therefore, the only question presented is as to the proper construction of the will.
The devises, to "Walter II. Albright and Maude D. Albright are in substantially the same language, and as the devise to A. C. Albright is less favorable to the contention of the plaintiffs that they are the owners in fee of the land in controversy, we will deal only with the devise to Walter H. Albright.
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2Cases cited11 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Smith v. Ellington-Guy Lumber Co.Supreme Court of North Carolina · 1911
- Francks v. . WhitakerSupreme Court of North Carolina · 1895
- Whitfield v. Garris.Supreme Court of North Carolina · 1902
- Donnell v. Mateer's Ex'rsSupreme Court of North Carolina · 1847
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Elmore v. AustinSupreme Court of North Carolina · 1950
- Poindexter v. WACHOVIA BANK AND TRUST COMPANYSupreme Court of North Carolina · 1963
- Turpin v. . JarrettSupreme Court of North Carolina · 1946
- Love v. . LoveSupreme Court of North Carolina · 1919
- William v. . SasserSupreme Court of North Carolina · 1926
4 more not listed; retrieve them via the Exa API.