Legal Opinion

Davis v. . Inscoe

Supreme Court of North Carolina

Decided January 5, 1881PublishedCited by 26 opinions

Civil Action to recover land tried at Spring Term, 1880, of FRANKLIN Superior Court, before Seymour, J. A jury trial being waived, the judge found the facts as follows: Dr. Thomas Davis of Franklin county died in 1862, leaving a last will and testament by which he directed his land to be sold by his executors, N. B. Massenburg and John C. Davis, who were appointed by him executors of his will.

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Civil Action to recover land tried at Spring Term, 1880, of FRANKLIN Superior Court, before Seymour, J. A jury trial being waived, the judge found the facts as follows: Dr. Thomas Davis of Franklin county died in 1862, leaving a last will and testament by which he directed his land to be sold by his executors, N. B. Massenburg and John C. Davis, who were appointed by him executors of his will. Massenburg alone qualified, and Davis renounced on the 22d day of January, 1863. Massenburg, as executor, sold the land in controversy and A. H. A. Stallings became the purchaser at five dollars and…

1Opinion of the Court

A jury trial being waived, the judge found the facts as follows: Dr. Thomas Davis of Franklin county died in 1862, leaving a last will and testament by which he directed his land to be sold by his executors, N. B. Massenburg and John C. Davis, who were appointed by him executors of his will. Massenburg alone qualified, and Davis renounced on the 22d day of January, 1863. Massenburg, as executor, sold the land in controversy and A. H. A. Stallings became the purchaser at five dollars and fifty cents per acre, and on the same day executed a bond for the purchase money with two sureties who were…

2Cases cited5 opinions

  1. Chase v. . PeckNew York Court of Appeals · 1860
  2. Green v. North Carolina RailroadSupreme Court of North Carolina · 1877
  3. Elizabeth Ivey v. . Sarah A. GranberrySupreme Court of North Carolina · 1872
  4. Triplett v. . WitherspoonSupreme Court of North Carolina · 1876
  5. Hare v. . JerniganSupreme Court of North Carolina · 1877

3Cited by26 opinions

  1. St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
  2. Devereux v. . McMahonSupreme Court of North Carolina · 1891
  3. Fortune v. . WatkinsSupreme Court of North Carolina · 1886
  4. Vaught v. PettyjohnSupreme Court of Kansas · 1919
  5. Perry v. HackneySupreme Court of North Carolina · 1906

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