Gann v. . Spencer
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at Spring Term, 1914, of Stoees. Civil action to recover the possession of a tract of land. There was a verdict and judgment for the plaintiff, and.the defendant appealed.
1Opinion of the CourtBbowN, J.
It is admitted in the case on appeal that tlie plaintiff'has a fee-simple title to the land described in the complaint, and that the defendant is in possession. The fourth issue tendered by the defendant and refused'by the court presents the question as to whether the defendant is entitled to betterments under our statute. The court below held that he was not, and in this we think there was error. The defendant purchased the land in controversy from the plaintiff, who is a feme covert, and received from her the following paper-writing, towit:
Received of W. T. Spencer ($10) ten dollars, to be…
2Cases cited18 opinions
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Keener v. . GoodsonSupreme Court of North Carolina · 1883
- Burns v. . McGregorSupreme Court of North Carolina · 1884
- Scott v. . BattleSupreme Court of North Carolina · 1881
- Avent v. ArringtonSupreme Court of North Carolina · 1890
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3Cited by4 opinions
- Avent v. . ArringtonSupreme Court of North Carolina · 1890
- Boyett v. First National Bank of DurhamSupreme Court of North Carolina · 1933
- Knight v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1915
- Kivett v. . GardnerSupreme Court of North Carolina · 1915