Grayson v. . English
Supreme Court of North Carolina
Controversy without action, submitted under section 567 of The Code, and heard before Allen, J., at Fall Term, 1894,. of McDowell Superior Court.
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Controversy without action, submitted under section 567 of The Code, and heard before Allen, J., at Fall Term, 1894,. of McDowell Superior Court. The following is the case agreed: “1. That John B. Grayson .died April 26,1885, leaving him-surviving the plaintiffs above named, his only heirs at law, except Margaret L. Grayson, who is his widow. 2. That the said John B. Grayson died intestate, and his real estate descended to the plaintiffs, his heirs at law. 3. That R. Don Wilson is dead, and left a last will and testament by which he devised his interest in the land in controversy to Martha L.…
1Opinion of the Court
Avery, J.:
The question that gives rise to this controversy is, whether the plaintiff is the owner of the equitable as well as the legal estate of the land in controversy. If the description contained in the older entry of the defendant so identified the land intended to be covered by it that the plaintiff could, upon reading it and prosecuting any inquiry as to boundaries suggested by its terms, have ascertained that it was the same land for which he subsequently obtained a grant under the junior entry, then the latter, as junior enterer, took with constructive notice of the inchoate equity…
2Cited by7 opinions
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- Cain v. . DowningSupreme Court of North Carolina · 1913
- Cain v. DowningSupreme Court of North Carolina · 1913
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