Hamilton v. Buchanan
Supreme Court of North Carolina
Civil actiost for tlie recovery of land, tried before Boy-kin, J., and a jury, at Spring Term, 1892, of Ansosí Superior Court. This action was originally begun October 26, 1881, by William E. Horne against Burrell Horne and John A. Buchanan. William E. died, and his executors, devisees and heirs at law were made parties plaintiff. Burrell also died, and his heirs at law were made parties defendant.
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Civil actiost for tlie recovery of land, tried before Boy-kin, J., and a jury, at Spring Term, 1892, of Ansosí Superior Court. This action was originally begun October 26, 1881, by William E. Horne against Burrell Horne and John A. Buchanan. William E. died, and his executors, devisees and heirs at law were made parties plaintiff. Burrell also died, and his heirs at law were made parties defendant. The executor of William then died, and his personal representative was made a party plaintiff, and under an alleged power contained in the will of W. E. Horne sold the land in controversy to Josiah…
1Opinion of the Court
Shei’herd, C. J.:
The plaintiffs claim the land in controversy under William E. Horne, who acquired the legal title by virtue of his purchase at a sale under execution against Burrell Horne in March, 1841, the Sheriff having executed a deed on the 21st of January, 1843. The defendants, who are the heirs at law of the said Burrell Horne, allege that the said William E. Horne purchased the land in trust for their ancestor, and that the terms of the trust having been complied with they are the equitable owners of and entitled to remain in possession of the same.
We think there was no error in the…
2Cases cited1 opinion
- McNair v. PopeSupreme Court of North Carolina · 1888
3Cited by13 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Allen v. AllenTexas Supreme Court · 1908
- Avery v. . StewartSupreme Court of North Carolina · 1904
- Lefkowitz v. . SilverSupreme Court of North Carolina · 1921
- Cobb v. EdwardsSupreme Court of North Carolina · 1895
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