Minge v. Gilmour
U.S. Circuit Court for the District of North Carolina
Iredell, Associate Justice. Sitgreaves, District Judge. THE Jury found a special verdict, the substance of which is, That John Minge, the grandfather of the lessor of the Plaintiff, was seized in fee of the premises described in the declaration ; that being so seized, he duly made his last will and testament on the 26th of November, in the year 1760 ; that the said John Minge departed this life in the year 1772, and his son David, the devisee, became seized of an estate tail…
Read the full summary
Iredell, Associate Justice. Sitgreaves, District Judge. THE Jury found a special verdict, the substance of which is, That John Minge, the grandfather of the lessor of the Plaintiff, was seized in fee of the premises described in the declaration ; that being so seized, he duly made his last will and testament on the 26th of November, in the year 1760 ; that the said John Minge departed this life in the year 1772, and his son David, the devisee, became seized of an estate tail on the said lands ; that David, the son of John, being so seized and in possession of the said lands, executed a deed…
1Opinion of the Court
Iredell, Judge,
delivered the
OPINION OF THE COURT.
I cannot refrain from expressing my high satisfaction in having heard this cause so ably and perspicuously argued on both sides ; and which alone, in a case of so much novelty in some respects, and intricacy in others, could have enabled me to form an opinion so early.
The title of the lessor of the plaintiff (independent of that of the defendant) is prima facie clear under a tenancy in tail ; the father, who was tenant in tail in possession, having died, and he as his eldest son, as such entitled to enter.
The defence is grounded on two points :
1…
2Cited by4 opinions
- January Littlejohn v. School Board of Leon County FloridaCourt of Appeals for the Eleventh Circuit · 2025
- In re McDonaldDistrict Court, D. Massachusetts · 1866
- Ellingburg v. United StatesSupreme Court of the United States · 2026
- Stein v. BergerCourt of Appeals of North Carolina · 2025