Weeks v. Quinn.
Supreme Court of North Carolina
Actiow by J. D. Weeks and others against J. IT. Qninn, heard by Judge B. F. Long, at November Term, 1903, of the Superior Court of Ruthereoed County. From a judgment for the defendant the plaintiff appealed.
1Opinion of the CourtMontgomery, J.
Under the common law the fifth of the rules or canons of inheritance was that on failure of lineal descendants, or issue of the person last seized, the inheritance shall descend to his collateral relations being of the blood of the first purchaser; and rule first was an inflexible one that inheritance should never lineally ascend. By our statute of 1808, ch. 739, Rev. Stats., ch. 38, Rules 4 and 6, changes were made in respect to those two rules of descent under the common law. The fourth canon of descent-in chapter 38 of the Revised Statutes provides that on failure of lineal descendants,…
2Cases cited3 opinions
- Early v. Early.Supreme Court of North Carolina · 1904
- McMichal v. . MooreSupreme Court of North Carolina · 1857
- Kincaid v. . BeattySupreme Court of North Carolina · 1887