Gilmore v. . Bright
Supreme Court of North Carolina
This was a civil action to recover land, tried before Gil-mer¡ J., at Eebruary Term, 1888, of Chatham Superior Court. It is alleged in the complaint that Samuel Gilmore died in 1874 or 1875, seized and possessed of the land described in the complaint, and the plaintiffs are" his'heirs at' law; that after the death of said Samuel Gilmore, the defendant, William Bright, took possession of the land under an alleged purchase, and fraudulent and void deed, from Samuel Gilmore,…
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This was a civil action to recover land, tried before Gil-mer¡ J., at Eebruary Term, 1888, of Chatham Superior Court. It is alleged in the complaint that Samuel Gilmore died in 1874 or 1875, seized and possessed of the land described in the complaint, and the plaintiffs are" his'heirs at' law; that after the death of said Samuel Gilmore, the defendant, William Bright, took possession of the land under an alleged purchase, and fraudulent and void deed, from Samuel Gilmore, and that they have recently discovered that the said Bright obtained possession of said land by fraud, which was not…
1Opinion of the Court
Davis, J.,
(after stating the case.) The first exception presented in the record is' to the refusal to submit the issue tendered by the plaintiffs. It is insisted by counsel for plaintiffs that, as it was alleged in the complaint that “ Samuel Gilmore died seized and possessed ” of the land in dispute,, and it was denied in the answer, it presented an issue whiffh the plaintiffs had a right to have passed upon by the jury. It is admitted in the answer that Samuel Gilmore was not dispossessed during his life; it is admitted that he was in possession at the time of his death, but whether he was.…
2Cases cited6 opinions
- A. T. Bruce & Co. v. StricklandSupreme Court of North Carolina · 1879
- Fortune v. . WatkinsSupreme Court of North Carolina · 1886
- W. M. Sutton v. . J. A. J. AskewSupreme Court of North Carolina · 1872
- Murphy v. . McNeillSupreme Court of North Carolina · 1880
- Patton v. . GashSupreme Court of North Carolina · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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