Legal Opinion · Dissent

Tocci v. Nowfall

Supreme Court of North Carolina

Decided January 7, 1942Published

1DissentStagy, C. J.

We have here, on admitted facts, the question whether defendants’ deed is a cloud on plaintiffs’ title. The answer is to be found, not alone in the execution of a power as between the parties (which is not mooted), but also in the application of our registration laws.

In plaintiffs’ paper chain of title is a deed executed by “Industrial Realty Company.” It is admitted that the Industrial Realty Company held title as trustee, and not otherwise. The defendants are purchasers for value, and claim title to the same property under a deed executed by “Industrial Realty Company, Trustee.” Both deeds…

2Cases cited18 opinions

  1. Hill v. RailroadSupreme Court of North Carolina · 1906
  2. Jones v. . WilliamsSupreme Court of North Carolina · 1911
  3. Sills v. . FordSupreme Court of North Carolina · 1916
  4. Eaton v. . DoubSupreme Court of North Carolina · 1925
  5. Whitley v. ArensonSupreme Court of North Carolina · 1941

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