Hinson v. . Kerr
Supreme Court of North Carolina
Appeal by defendant from Shaw, J., at tbe September Term, 1919, of MECKLENBURG. Tbis is a proceeding for tbe partition of land transferred to tbe Superior Court upon an issue of sole seizin'relied on by tbe defendant.
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Appeal by defendant from Shaw, J., at tbe September Term, 1919, of MECKLENBURG. Tbis is a proceeding for tbe partition of land transferred to tbe Superior Court upon an issue of sole seizin'relied on by tbe defendant. Prior to 1896 Tirsey Hinson, a married woman, was tbe owner of tbe land in controversy, and on 29 September, 1896, tbe said Tirsey Hinson and ber busband delivered to tbe defendant a paper-writing in tbe form of a bond for title, agreeing to convey said land to tbe defendant upon tbe payment of $400. Tbe paper-writing was signed by tbe said Tirsey Hinson and ber bus-band, but…
1Opinion of the CourtAlleN, J.
As the land in controversy belonged to a married woman, and there was no probate or private examination of the paper-writing under which the defendant entered upon the land, the paper is ineffectual to pass any title or interest in the land, and the defendant must therefore rely upon adverse possession to defeat the claim of the plaintiff.
He admits that he entered upon the land under the paper-writing, and that he has claimed under it since that time, and he fails to produce evidence of the payment of the purchase money, or of any act or conduct which has made his possession hostile to the…
2Cases cited4 opinions
- Worth v. . WrennSupreme Court of North Carolina · 1907
- Knight v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1915
- Mitchell v. . FreemanSupreme Court of North Carolina · 1913
- Young v. . IrvinSuperior Court of North Carolina · 1797