Foster v. Hackett
Supreme Court of North Carolina
ActioN to recover land, tried at Spring Term, 1892, of Wilkes Superior Court, before Axmfiekl, J. The plaintiffs alleged that they were the owners of certain tracts of land set out in the complaint, and that the defendant was in possession and wrongfully withholding the same.
Read the full summary
ActioN to recover land, tried at Spring Term, 1892, of Wilkes Superior Court, before Axmfiekl, J. The plaintiffs alleged that they were the owners of certain tracts of land set out in the complaint, and that the defendant was in possession and wrongfully withholding the same. The defendant admitted possession of the land, but denied that it wars unlawful, and claimed to be the owner thereof by reason of a sale of the same by James Calloway, executor of Mildred Goforth, deceased, under a power given in the will. But afterwards, by a codicil of the said will, the first tract of land mentioned…
1Opinion of the Court
Avery, J.:
Both plaintiffs and defendant claim through Mildred Goforth, who devised the land in controversy to Achilles Foster in trust for her daughters, Anna P. and Pheba. Goforth, or to the survivor for life, with remainder to the'issue of both or cither, but on failure of such issue at the time of the death of the survivor of the two, to her ‘‘own lawful heirs."
Mildred Goforth left surviving her eight children, viz.: Anna D., who died without issue in 1886, and Pheba, who died without issue in 1887, and six others who married and are now living or have left children who are still…
2Cases cited8 opinions
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Mastin v. . MarlowSupreme Court of North Carolina · 1871
- Thames v. . JonesSupreme Court of North Carolina · 1887
- Allen v. . SalingerSupreme Court of North Carolina · 1889
- Geer v. . GeerSupreme Court of North Carolina · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Allred v. Smith.Supreme Court of North Carolina · 1904
- Kornegay v. MillerSupreme Court of North Carolina · 1905
- Taylor v. . SmithSupreme Court of North Carolina · 1895
- Woody v. . CatesSupreme Court of North Carolina · 1938
- Blue v. . RitterSupreme Court of North Carolina · 1896
15 more not listed; retrieve them via the Exa API.