Rutherford v. Ray
Supreme Court of North Carolina
ActioN tried before Jones, J., and a jury, at October Term, 1907, Of CUMBERLAND. This action is prosecuted by tbe feme plaintiff for the purpose of quieting and removing a cloud from the title to her separate real estate. The undisputed facts as disclosed by the record are: The feme plaintiff was, on 21 February, 1895, the owner of the real estate described in the complaint, being a lot in the city of Fayetteville.
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ActioN tried before Jones, J., and a jury, at October Term, 1907, Of CUMBERLAND. This action is prosecuted by tbe feme plaintiff for the purpose of quieting and removing a cloud from the title to her separate real estate. The undisputed facts as disclosed by the record are: The feme plaintiff was, on 21 February, 1895, the owner of the real estate described in the complaint, being a lot in the city of Fayetteville. The deed under which she claims recites a consideration of $150. On the said day Poe & Co. filed in the office of the Clerk of the Superior Oourt of Cumberland County an itemized…
1Opinion of the CourtOoNNOR, J.
The action is brought pursuant to the provisions of chapter 6, Laws 1893; Revisal, sec. 1589. This statute was intended, and properly framed for that purpose, *256to permit any person to institute an action against any other person claiming an adverse interest in land to have his title quieted and any cloud thereon removed. The purpose of the statute was to avoid the difficulties encountered by plaintiff in Busbee v. Lewis, 85 N. C., 332. The complaint attacks the validity of the judgment because of feme plaintiff’s coverture. She encounters the difficulty in this aspect of the case that it does…
2Cases cited8 opinions
- Neville v. . PopeSupreme Court of North Carolina · 1886
- Whitehurst v. Merchants & Farmers Transportation Co.Supreme Court of North Carolina · 1891
- Smaw v. . CohenSupreme Court of North Carolina · 1886
- Busbee v. . LewisSupreme Court of North Carolina · 1881
- Green v. . BallardSupreme Court of North Carolina · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Powell v. . TurpinSupreme Court of North Carolina · 1944
- Long v. Town of RockinghamSupreme Court of North Carolina · 1924
- Brooks v. United StatesCourt of Appeals for the Fourth Circuit · 1987
- Stocks v. . StocksSupreme Court of North Carolina · 1920
- Caviness v. . HuntSupreme Court of North Carolina · 1920
5 more not listed; retrieve them via the Exa API.