Legal Opinion

Cox v. . Ward

Supreme Court of North Carolina

Decided September 5, 1890PublishedCited by 23 opinions

This was a civil ACTION, tried at Fall Term, 1890, of AlleghaNY Superior Court, before McCorkle, J. This action was for partition of lands, alleged by plaintiff to be held by him and defendant as tenants in constructive possession, each entitled to one individual half interest. The defendant denied plaintiff’s title, and claimed sole seizin in himself and title under seven years’ possession, with color of title, alleging that defendant claimed under one Alex.

Read the full summary

This was a civil ACTION, tried at Fall Term, 1890, of AlleghaNY Superior Court, before McCorkle, J. This action was for partition of lands, alleged by plaintiff to be held by him and defendant as tenants in constructive possession, each entitled to one individual half interest. The defendant denied plaintiff’s title, and claimed sole seizin in himself and title under seven years’ possession, with color of title, alleging that defendant claimed under one Alex. Osborne, who had long since sold to defendant. The jury found that the plaintiff and defendant were tenants in common, each entitled to…

1Opinion of the Court

Avkky, J.:

The plaintiff claimed title to one undivided half of the land in controversy, while the defendant denied that plaintiff owned any interest, and set up sole seizin in himself. Both parties claim title through Moses Dixon, who died in 1857, having devised the land to Wesley Dixon and Preston Phipps, “ to be sold and equally divided ” between his daughters “Lydia, Drucy’s heirs, Jane, Nancy and Polly Adeline.” It was admitted, on the argument, that, in consequence of certain agreements among the devisees, the land was not sold by the executors, and was to be treated, for the purposes…

2Cases cited7 opinions

  1. Mobley v. . GriffinSupreme Court of North Carolina · 1889
  2. McLean v. . SmithSupreme Court of North Carolina · 1890
  3. Vickers v. . LeighSupreme Court of North Carolina · 1889
  4. Holler v. . RichardsSupreme Court of North Carolina · 1889
  5. Williams v. . WallaceSupreme Court of North Carolina · 1878

2 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Shaffer v. GaynorSupreme Court of North Carolina · 1895
  2. Everett v. . NewtonSupreme Court of North Carolina · 1896
  3. Drake v. . HowellSupreme Court of North Carolina · 1903
  4. Drake v. HowellSupreme Court of North Carolina · 1903
  5. McNear v. GuistinOregon Supreme Court · 1907

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API