Doe Ex Dem. Linker v. Benson
Supreme Court of North Carolina
Ejectment, commenced by service of the declaration April 4th, 1860, and tried before Logan, Jat Pall Term, 1811, ot the Superior Court of Cabarrus, upon the plea of General Issue. It was admitted that both parties claimed under one W. P. Taylor, who had title, and that the defendant, Martha Benson, Was in possession under the title of said Taylor, claiming the entire property as his heir-at-law.
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Ejectment, commenced by service of the declaration April 4th, 1860, and tried before Logan, Jat Pall Term, 1811, ot the Superior Court of Cabarrus, upon the plea of General Issue. It was admitted that both parties claimed under one W. P. Taylor, who had title, and that the defendant, Martha Benson, Was in possession under the title of said Taylor, claiming the entire property as his heir-at-law. Linker, the lessor of, the plaintiff, offered in evidence a deed dated November 6th, 1852, purporting to have been duly registered, made by said Taylor to Linker,, for 07ie-half tho land described in…
1Opinion of the CourtEodman, J.
Taylor originally owned the whole of the land. He conveyed an undivided half oí it to the plaintiff, who afterwards, and without having registered the deed, returned it to him with an endorsement, signed by plaintiff, to the effect that he transferred the deed back to Taylor. The effect of this endorsement was passed on by this Court in Linker v. Long. 64 N. C. 296, and it need not he noticed here. The defendant afterwards became 'entitled to the other half of the land as the heir of Taylor, and came into possession of the deed to Linker.
1. The defendant contends, that the deed should' not…
2Cases cited1 opinion
- Doe Ex Dem. Linker v. LongSupreme Court of North Carolina · 1870
3Cited by10 opinions
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Page v. . BranchSupreme Court of North Carolina · 1887
- Carson v. . CarsonSupreme Court of North Carolina · 1898
- Winstead v. . WoolardSupreme Court of North Carolina · 1944
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