Murchison v. . Fogleman
Supreme Court of North Carolina
Appeal by plaintiff from Devin, J., at October Term, 1913, of Alamance. The plaintiffs sue as heirs at. law of ~W. G. Murchison, to recover a tract of land fully described in the pleadings, of which they allege W. G., Murchison died seized and possessed. . They allege that G. Murchison held this land under a deed from John R. Euliss and wife, dated in 1882, and that he had continuous possession of it until his death in 1902, and, th^t then his widow continued in possession…
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Appeal by plaintiff from Devin, J., at October Term, 1913, of Alamance. The plaintiffs sue as heirs at. law of ~W. G. Murchison, to recover a tract of land fully described in the pleadings, of which they allege W. G., Murchison died seized and possessed. . They allege that G. Murchison held this land under a deed from John R. Euliss and wife, dated in 1882, and that he had continuous possession of it until his death in 1902, and, th^t then his widow continued in possession until her death in Aprilj 1911. That said deed had never been registered, and that the same was lost or that it was in…
1Opinion of the CourtAllen, J.
The issue submitted to the jury arises upon the pleadings, and if determinative of the rights of the parties, and sufficient to sustain the judgment, the other exceptions become immaterial, because the plaintiffs could not be benefited by the registration of the deed under which they claim, if the judgment deprived them of title, and the failure to submit air issue raised by the allegations of the answer, asking for affirmative relief, would not be prejudicial to the plaintiffs, and that the issue is determinative and sufficient, is decided in Ray v. Long, 132 N. C., 892, which is approved in…
2Cases cited2 opinions
- Den Ex D. Motley v. . WhitemoreSupreme Court of North Carolina · 1837
- Stalcup v. Stalcup.Supreme Court of North Carolina · 1904
3Cited by4 opinions
- Foster v. ThorntonSupreme Court of Florida · 1937
- Carter v. . OxendineSupreme Court of North Carolina · 1927
- Grant v. ToatleySupreme Court of North Carolina · 1956
- Nininger v. Peirez, Circuit Court of the 17th Judicial Circuit of Florida, Broward County1965