Scott v. . Battle
Supreme Court of North Carolina
Civil Action to recover land tried at Spring Term, 1880.,. of Nasi-i Superior Court, before Avery, J. The facts are stated in the opinion o? this court.
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Civil Action to recover land tried at Spring Term, 1880.,. of Nasi-i Superior Court, before Avery, J. The facts are stated in the opinion o? this court. The-judge below held that plaintiffs deed of 7th December,. 1858, to defendant, Battle, did not convey her interest in the land in controversy; but that she was not entitled to recover possession thereof until she repaid the purchase money paid to her by said Battle, and also the value of the permanent improvements put upon the land by Battle-. The court held further that the claim of plaintiff for unpaid residue of legacy bequeathed by one…
1Opinion of the Court
Ruffin, J..
This eause comes here upon -an agreed statement of facts in substance as follows:
In the year 1845, the plaintiff intermarried with one T. JET. Seott, and lived with him until the year 1850, when she separated herself from him, and from that time until his ■death in 1876 they lived apart with the exception of one short interval — he at no time after the -day of their first separation assuming any control over her property.
At the time of her marriage, the plaintiff was seized in fee of tiie land in controversy, and continued to possess the same until the 7th day of December, 1858,…
2Cases cited5 opinions
- Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
- Wharton v. . MooreSupreme Court of North Carolina · 1881
- Jones v. . CohenSupreme Court of North Carolina · 1880
- Harris v. . Jenkins, Public TreasurerSupreme Court of North Carolina · 1875
- Daniel v. . CrumplerSupreme Court of North Carolina · 1876
3Cited by38 opinions
- Farthing v. . ShieldsSupreme Court of North Carolina · 1890
- Burns v. . McGregorSupreme Court of North Carolina · 1884
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- Holmes v. . HolmesSupreme Court of North Carolina · 1882
- King v. . RhewSupreme Court of North Carolina · 1891
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