Den Ex Dem. of McRee v. Alexander
Supreme Court of North Carolina
From Mecklenburg. Ejectment on the joint demise of Winston .7. Mc-liee, David ,M. AlcJiee, Isaac S. Henderson and Lucinda his wife, and on the trial beibie Strange, Judge, the jury returned the following fact-, specially ; thal Winston J. JtcRee, David M. McRec and Lucinda Henderson, were the he,irs at law of David Mcllce, woo died intestate» seised of the premises in tin* declaration meniioned ; that the lessors of the PlaiuiiST were tenants in common of the land, and that…
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From Mecklenburg. Ejectment on the joint demise of Winston .7. Mc-liee, David ,M. AlcJiee, Isaac S. Henderson and Lucinda his wife, and on the trial beibie Strange, Judge, the jury returned the following fact-, specially ; thal Winston J. JtcRee, David M. McRec and Lucinda Henderson, were the he,irs at law of David Mcllce, woo died intestate» seised of the premises in tin* declaration meniioned ; that the lessors of the PlaiuiiST were tenants in common of the land, and that no partition thereof ever had been made 5 that Ihe Defendant obtained a grant for the same land, ousted the lessors of…
1Opinion of the Court
The case was submitted without argument by Wilson for the lessors of the plaintiff. No counsel for the defendant. The lessors of the plaintiff are tenants in common, claiming as heirs to McRee. Two of them were under no disability when their right of entry accrued; one was under the twofold disability of infancy and coverture. (322) More than seven years have elapsed since the right of entry accrued, and the question open on this record is, whether the right of entry of all, or any of them, is taken away by the act of 1715, ch. 2. By the third section of that act it is incumbent on the…
2Cases cited1 opinion
- Riden v. . FrionSupreme Court of North Carolina · 1819
3Cited by4 opinions
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- Mann v. North Carolina State Board of Examiners in OptometrySupreme Court of North Carolina · 1934
- Hairston v. Bescherer.Supreme Court of North Carolina · 1906
- Pearce v. . HouseSupreme Court of North Carolina · 1817