Campbell v. . Crater
Supreme Court of North Carolina
This was a civil action, tried before Boykin, Judge, at Fall Term, 1885, of Iredell Superior Court, upon the following case agreed between the parties: 1. That Percephal Campbell died in Iredell county in the year 1854, leaving a last will and testament, which was duly admitted to probate at the August Term, 1854, of the late Court of Pleas and Quarter Sessions for said county. A copy of this will is set out below.
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This was a civil action, tried before Boykin, Judge, at Fall Term, 1885, of Iredell Superior Court, upon the following case agreed between the parties: 1. That Percephal Campbell died in Iredell county in the year 1854, leaving a last will and testament, which was duly admitted to probate at the August Term, 1854, of the late Court of Pleas and Quarter Sessions for said county. A copy of this will is set out below. The widow, Sarah Campbell, died prior to testator, Percephal Campbell. 2. That Williams R. Campbell, the party therein named, was a son of the said Percephal Campbell, and who died…
1Opinion of the CourtAshe, J.
(after stating the facts). The plaintiff's claim the land in controversy as devisees under the will of Percephal Campbell, who died in 1854. The defendants deny the title of the plaintiffs, and say they have had possession of the land with color of title for forty years.
Both parties claim title derived from Percephal Campbell. The defendants by a deed from Williams R. Campbell in 1854, to Joseph James, and a deed from him to Jacob Crater, on the 22d day of September, 1866.
The first question to be solved is: Did Williams R. Campbell take an estate in the land devised in “Item fourth ” of the…
2Cases cited1 opinion
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