Howe v. . Hand
Supreme Court of North Carolina
Civil agtioN, tried before Connor, J., at May Term, 1920, of CbaveN, upon the following issues: “1. Are the plaintiffs the owners and entitled to the possession of the property described in the complaint? Answer: ‘Tes.’ “2. Is the defendant in the wrongful -possession thereof ? Answer: ‘Yes,’ “3. What is a fair rental value for said property since 11 October,' 1918? Answer:‘$20 per month.’” • From the judgment rendered the defendant appealed.
1Opinion of the CourtBeowN, J.
The plaintiffs are the infant children of Elliott Hampton Howe and his wife, Mary Moore Howe, both of whom are dead.
The property belonged to the mother, Mary Moore Howe, and was devised by her to her husband, E. H. Howe. The will was executed before the birth of the children. Elliott Hampton Howe, after the death of his wife, conveyed the property to the defendant Hand, who has been in possession of it for 10 years under the deed of E. H. Howe. After the death of their father, the plaintiffs bring this action to recover the land which consists of three lots in the city of New Bern, under sec.…
2Cited by1 opinion
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