Owen v. . Needham
Supreme Court of North Carolina
Appeal by plaintiff from 0. II. Allen, J., at April Term, 1912, of MONTGOMERY. Tbis is an action to recover possession of land. Tbe plaintiff claims under a deed from Alexander Jordon, wbo procured grants from tbe State for tbe land in controversy in 1850, 1851, and 1854. Tbe defendant claims as tbe beir' of Sarab Jordon, wbo was tbe first wife of Alexander Jordon, and specially pleads tbat tbe plaintiff is estopped to claim title to said land.
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Appeal by plaintiff from 0. II. Allen, J., at April Term, 1912, of MONTGOMERY. Tbis is an action to recover possession of land. Tbe plaintiff claims under a deed from Alexander Jordon, wbo procured grants from tbe State for tbe land in controversy in 1850, 1851, and 1854. Tbe defendant claims as tbe beir' of Sarab Jordon, wbo was tbe first wife of Alexander Jordon, and specially pleads tbat tbe plaintiff is estopped to claim title to said land. Tbe plaintiff introduced evidence tending to establish ber title, and relied on said grants to Alexander Jordon as a necessary part of ber title. Tbe…
1Opinion of the CourtAllen, J.
Tbe case of Carter v. White, 134 N. C., 466, is not decisive of this controversy, because no land was allotted in the partition proceeding to Alexander Jordon, under whom tbe plaintiff claims, and she does not derive ber title through tbat proceeding, but there is another principle wbicb is conclusive against tbe plaintiff.
Alexander Jordon was a party and joined in tbe partition, wbicb alleged tbat George Allen died in' 1847, seized and possessed of tbe land described, and tbat tbe petitioners were tenants in common of tbe same as bis heirs, which was equivalent to an allegation of an estate…
2Cases cited9 opinions
- Aurora City v. WestSupreme Court of the United States · 1869
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- Armfield v. . MooreSupreme Court of North Carolina · 1852
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
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3Cited by10 opinions
- Ferebee v. . SawyerSupreme Court of North Carolina · 1914
- Pinnell v. BurroughsSupreme Court of North Carolina · 1915
- Freeman v. . RamseySupreme Court of North Carolina · 1925
- In Re the Will of AverettSupreme Court of North Carolina · 1934
- Pinnel v. BurroughsSupreme Court of North Carolina · 1916
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