Wellborn v. . Finley
Supreme Court of North Carolina
Action of Ejectment, tried before Heath, J., at the last Fall Term of Wilkes Superior Court. The action was brought to recover the possession of certain town lots in the town of Wilkesboro’, (and was to determine the rights as to all the other lots in the town.) The lessor of the plaintiff claimed title under a grant from Lord Granville to Henry Cossart, in 1754, for a tract called the lower Moravian tract, and a deed from Christian Frederick Cossart to Hugh Montgomery,…
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Action of Ejectment, tried before Heath, J., at the last Fall Term of Wilkes Superior Court. The action was brought to recover the possession of certain town lots in the town of Wilkesboro’, (and was to determine the rights as to all the other lots in the town.) The lessor of the plaintiff claimed title under a grant from Lord Granville to Henry Cossart, in 1754, for a tract called the lower Moravian tract, and a deed from Christian Frederick Cossart to Hugh Montgomery, dated in 1778. The plaintiff then offered evidence of a deed from Hugh Montgomery to James Kerr, David Nesbitt and John…
1Opinion of the CourtPearson, C. J.
Conceding that the deed of Mrs. Wellborn did not take effect by reason of the defect in the mode of taking her privy examination, and that the title was regularly deduced from the original grantee, down to Hugh Montgomery, and that, as between those claiming under him, it vested in her, see Winkler v. Gray, 4 Jones’ Eq. 308, this Court concurs with his Honor in the Court below, that the plaintiff was not entitled to recover.
We put our conclusion on two grounds;
1st. The commissioners got the title, as well as the possession from Mary Gordon, and of course the defendant has a ■right to set it…
2Cited by14 opinions
- Kornegay v. MillerSupreme Court of North Carolina · 1905
- Culp v. . LeeSupreme Court of North Carolina · 1891
- Weathersbee v. GoodwinSupreme Court of North Carolina · 1918
- Ford v. . McBrayerSupreme Court of North Carolina · 1916
- Crawley v. . StearnsSupreme Court of North Carolina · 1927
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