Legal Opinion

Asheville Division No. 15 v. . Aston

Supreme Court of North Carolina

Decided February 5, 1885PublishedCited by 20 opinions

Civil ACTION, heard before Shipp, Judge, and a jury, at Fall Term, 1884, of BuNCOMBE Superior Court. This action, commenced on March Srd, 1881, is to establish title to and recover possession of the third or upper story of a large brick building, erected by Mont.

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Civil ACTION, heard before Shipp, Judge, and a jury, at Fall Term, 1884, of BuNCOMBE Superior Court. This action, commenced on March Srd, 1881, is to establish title to and recover possession of the third or upper story of a large brick building, erected by Mont. Patton, on Main street, south of the public square, in the towii of Asheville, with the means of access thereto, in the occupation of and claimed by the defendant under a deed from said Patton of later date than that executed by him to the plaintiff. Only one issue was submitted to the jury, viz: What was the annual value of the…

1Opinion of the CourtSmith, C. J.

(after stating the facts as above). The appellant^ exceptions grow out of the following asserted propositions :

1. The misdescription of the corporate name of the plaintiff in the deed of Patton renders it inoperative as a conveyance of his title.

2. If effectual for any purpose, it passes only an estate for thirty years, the life of the corporate existence, unless meanwhile disposed of.

3. The estate having been acquired and held under the provisions of the charter, for the special and limited use in the promotion of temperance, could not be retained for another and different purpose.

4. The…

2Cases cited2 opinions

  1. Vonglahn v. . DerossetSupreme Court of North Carolina · 1879
  2. Ryan v. . MartinSupreme Court of North Carolina · 1884

3Cited by20 opinions

  1. Keith v. . ScalesSupreme Court of North Carolina · 1899
  2. Dyer v. SianoMassachusetts Supreme Judicial Court · 1937
  3. Steadman v. Town of PinetopsSupreme Court of North Carolina · 1960
  4. Clark v. American Cannel Coal Co.Indiana Supreme Court · 1905
  5. Simmons v. . AllisonSupreme Court of North Carolina · 1896

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