Fortune v. . Hunt
Supreme Court of North Carolina
PARTITION proceedings, tried by Ward, Jand a jury, April Term, 1908, of RutiieREord, upon issues joined in the pleadings before the Clerk. The plaintiff claimed under a deed alleged to have been executed and delivered to William Hunt, Sr., and introduced evidence to establish her contention. The defendant introduced no evidence. TJnder the direction of the Court the jury found for plaintiff. From the judgment rendered the defendants appealed, assigning three errors.
1Opinion of the CourtBeowN, J.
It is stated in the brief of the learned counsel for defendants, that if his Honor was correct in holding that, upon the entire evidence in any view of it, there was no delivery of the deed of 21 September, 1810, from William Hunt, Sr., and wife to Elizabeth Hunt, then the judgment of the Superior Court should be affirmed. We think his Honor did err in directing a verdict upon that iss\ie.
The deed in question was signed by William Hunt, Sr., on 21 September, 1870, who died three or four days thereafter. It was probated 1 January, 1891, and registered in August, 1906. The witnesses to the deed…
2Cases cited9 opinions
- Robbins v. RascoeSupreme Court of North Carolina · 1897
- Lang v. SmithWest Virginia Supreme Court · 1893
- Jones v. JonesSupreme Court of Connecticut · 1826
- Phillips v. . HoustonSupreme Court of North Carolina · 1858
- Kendrick v. . DellingerSupreme Court of North Carolina · 1895
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3Cited by44 opinions
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
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- Ballard v. BallardSupreme Court of North Carolina · 1949
- Chamberlain Etl Al. v. LarsenUtah Supreme Court · 1934
- Buchanan v. . ClarkSupreme Court of North Carolina · 1913
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