Powell v. . Weatherington
Supreme Court of North Carolina
Civil AotioN for recovery of land, tried before Brown, J., at December Term, 1898, of tbe Superior Court of Pitt County. Both sides claimed under Edmund Evans, deceased. Upon tbe evidence adduced bis Honor intimated that tbe plaintiffs were not entitled to recover. In deference to tbe opinion of bis Honor, tbe plaintiffs submitted to judgment of nonsuit and appealed. Tbe evidence fully appears in tbe opinion filed.
1Opinion of the CourtEaiecloth, C. J.
Action for possession of land, both parties claiming under Edmund Evans, wbo died, and bis lands were partitioned among bis children in 1863. Lot No. 1 was assigned to Holland J. Evans and was charged with $75 in favor of Lot No. 2 for equality. Holland J. Evans died in September, 1878, leaving minor children, and they are plaintiffs in this action, suing to recover Lot No. 1. Lot No. 2 was assigned to A. E. Porter and wife, in whose favor was the charge on Lot No. 1. On notice to the children, some being of age, and others minors and femes covert, a judgment was rendered and execution issued…
2Cases cited2 opinions
- Dobbin v. RexSupreme Court of North Carolina · 1890
- Jones v. . CameronSupreme Court of North Carolina · 1879
3Cited by1 opinion
- Dobbin v. . RexSupreme Court of North Carolina · 1890