Kivett v. . Gardner
Supreme Court of North Carolina
Appeal by plaintiff from Connor, J., at November Term, 1914, of HARNETT. Civil action of trespass, involving, also, an issue as to title. There was evidence tending to show that in 1824 Alex.
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Appeal by plaintiff from Connor, J., at November Term, 1914, of HARNETT. Civil action of trespass, involving, also, an issue as to title. There was evidence tending to show that in 1824 Alex. McKay, sheriff, conveyed the land in question to Neil McNeill, Sr.; that he died, leaving two children, Archibald McNeill and Caroline Turner; that plaintiff is daughter of Archibald and that she has acquired the interests of the other children and grandchildren, descendants and heirs at law of Neil McNeill; that the land was listed for taxation as the property of these heirs, or some of them, in 1895 or…
1Opinion of the CourtHoke, J.
Color of title has been defined with us as “a paper-writing, usually a deed, which professes to pass the title, but fails to do so” (Knight v. Roper Lumber Co., 168 N. C., 452), and we are of opinion that the instrument under which defendant claims comes chiefly within the words and meaning of the definition. It is urged for plaintiff: (1) That a tax deed, void for noncompliance with the statute, may not constitute color. (2) That in any event the present instrument is not properly color,, for lack of a seal. But the first position has been resolved against the plaintiff in Greenleaf v.…
2Cases cited7 opinions
- Wilcox v. . LeachSupreme Court of North Carolina · 1898
- Greenleaf v. BartlettSupreme Court of North Carolina · 1908
- McNair v. . BoydSupreme Court of North Carolina · 1913
- Smith v. . SmithSupreme Court of North Carolina · 1908
- Lyman v. . HunterSupreme Court of North Carolina · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Johnson v. McLambSupreme Court of North Carolina · 1958
- Ruark v. . HarperSupreme Court of North Carolina · 1919