Saint Peter's Church v. Bragaw
Supreme Court of North Carolina
CONTROVERSY submitted -without action, before McNeill, J.; at December Term, 1.906, of the Superior Court of Beaufort County.
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CONTROVERSY submitted -without action, before McNeill, J.; at December Term, 1.906, of the Superior Court of Beaufort County. This is a controversy without action, submitted under Revisal, sec. 803, to determine the validity of plaintiff’s title to realty which it had contracted to sell to the defendant and which is a part of two lots in Washington originally owned by Thomas A. McNair, deceased, and devised by him as follows: “I require my executor to give to some religious denomination of good standing who will accept them, two lots adjoining two lots I gave my sister Pauline, one in the…
1Opinion of the Court
WaKKBR, J.,
after stating tbe case: It is admitted that the plaintiff has fully complied with the stipulation in the deed as to the enclosure of the tomb of Augustus ITarvey and his wife, .and it is also admitted that there has not as yet been any violation of the second stipulation, that the premises should not be used as a cemetery. We will again refer to this clause in another connection.
The two questions discussed in the briefs of counsel relate to the sufficiency of the adverse possession of some of the heirs of Thomas McNair to bar the right of. their co-tenants, W. G. and Ed. Telfair.…
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