Murphy v. . Reed
Supreme Court of North Carolina
Civil actioN or proceedings, béard on tbe pleadings on motion by defendant to dismiss, before Webb, J., at June Term, 1920 of BuNcombe. Tbe preliminary records and entries were not presented, there being formal admission made that tbe court bad properly acquired jurisdiction of tbe cause and tbe parties. On consideration of tbe pleadings and tbe facts admitted therein, tbe court entered judgment dismisssing tbe cause and plaintiffs excepted and appealed.
1Opinion of the CourtHoke, J.
Plaintiffs, tbe children and heirs at law of Hugh Murphy, deceased, and grandchildren of Clara Patton Murphy, also deceased, have instituted this action against the defendants, alleging in effect that as heirs at law and potential beneficiaries under the will of Clara Patton Murphy they are owners of one undivided sixth of the lands of the testatrix devised by her will, and are entitled to be declared as owners of said interest and to an accounting against defendants, who are children of said testatrix, and are, and have been for many years, in possession of said lands, claiming the sole…
2Cases cited3 opinions
- Dunning v. . Ocean National BankNew York Court of Appeals · 1875
- Crouse v. PetersonCalifornia Supreme Court · 1900
- Creech v. . GraingerSupreme Court of North Carolina · 1890
3Cited by1 opinion
- Simmons v. StateCourt of Appeals of Georgia · 1938