Jones v. . Cohen
Supreme Court of North Carolina
'Civil Action tried at Fall Term, 1878, of Graven Superior Court, before Seymour, J, ■ The plaintiffs are W. J. Jones and wife Clara and Freeman S. Ernell, and the defendants are Adolph Cohen and wife Sally.
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'Civil Action tried at Fall Term, 1878, of Graven Superior Court, before Seymour, J, ■ The plaintiffs are W. J. Jones and wife Clara and Freeman S. Ernell, and the defendants are Adolph Cohen and wife Sally. The complaint alleges that plaintiffs are the owners in fee of a tract of land in Craven county, which descended to them from their grandfather, Moses Ernell, and known as lot No. 2 in the partition of 'his real estate, and that defendants withhold possession of the same. The defendants deny the allegation, and say that Adolph Cohen is the owner in fee of one-half of the land,to wit, that…
1Opinion of the Court
Smith, O. J.
The plaintiffs, claiming to be tenants in common of the land described in their complaint, sue the defendants to recover possession and damages, as such, during their occupancy. The defendants, admitting the plaintiff, Freeman S. Ernell, to be the owner of one moiety of the land, deny the title of the othei; plaintiff to the other moiety, and assert that they, by their deed executed in 1866 and duly proved and registered with the proper privy examination of the wife, conveyed their estate and interest to the defendant, Adolph Cohen. The answer further alleges that the next year…
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3Cited by26 opinions
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