Den on Dem. of Register v. Rowell
Supreme Court of North Carolina
Action of ejectment, tried before his Honor, Judge Ellis, at the Fall Term, 1855, of Brunswick Superior Court. The lessors of the plaintiff are the heirs-at-law of one Kilby Register, who died about the year-, before the bringing of the suit. No grant from the State was shown by the lessors of the plaintiff, but to make good their title they showed that the defendant also claimed title through their ancestor, the said Kilby Register.
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Action of ejectment, tried before his Honor, Judge Ellis, at the Fall Term, 1855, of Brunswick Superior Court. The lessors of the plaintiff are the heirs-at-law of one Kilby Register, who died about the year-, before the bringing of the suit. No grant from the State was shown by the lessors of the plaintiff, but to make good their title they showed that the defendant also claimed title through their ancestor, the said Kilby Register. To show this, they introduced deeds from Kilby Register to Niram Skipper, from Niram Skipper to Daniel Skipjoer, and from him to the defendant. The deed…
1Opinion of the CourtBattle, J.
The lessors of the plaintiff seek to recover the land in dispute from the defendant upon the ground, that he is in possession, claiming under a deed from their ancestor Kilby Register, and that the deed conveyed only a life-estate which has expired by the death of the grantor. The defendant objects, fi/rst, that the lessors of the plaintiff had not shown that he claimed under the deed of their ancestor; secondly, that if such fact were;shown, the deed, upon .a proper construction of it, conveyed an estate in fee simple instead of for life only; and that at all events the lessors were rebutted…
2Cited by8 opinions
- Stewart v. . CarySupreme Court of North Carolina · 1941
- Stewart v. CarySupreme Court of North Carolina · 1941
- McCoy v. Cape Pear Lumber Co.Supreme Court of North Carolina · 1908
- Freeman v. . RamseySupreme Court of North Carolina · 1925
- Station Associates, Inc. v. Dare CountyCourt of Appeals of North Carolina · 1998
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