Legal Opinion

James v. James

Court of Appeals of North Carolina

Decided July 20, 1982No. 813SC1109PublishedCited by 1 opinion

1Opinion of the Court

CLARK, Judge.

We reject the argument of the petitioners that the Clerk of the Superior Court and the trial court had no authority to modify the distributive provisions of the 16 February 1981 Consent Order. The distribution provisions were based on the interests owned by the heirs on that date. The rents were tendered on 27 February 1981 after the delivery of the deed dated 23 February 1981. It is established that accrued rents are incorporeal hereditaments and are incident to and connected with an estate in land. Bank v. Sawyer, 218 N.C. 142, 10 S.E. 2d 656 (1940); Mercer v. Bullock, 191 N.C.…

2Cases cited4 opinions

  1. Olive v. BiggsSupreme Court of North Carolina · 1970
  2. First & Citizens National Bank of Elizabeth City v. SawyerSupreme Court of North Carolina · 1940
  3. Mercer v. . BullockSupreme Court of North Carolina · 1926
  4. Wilcoxon v. . DonellySupreme Court of North Carolina · 1884

3Cited by1 opinion

  1. In Re Tavern Motor Inn, Inc.District Court, D. Vermont · 1987

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