Legal Opinion

Den Ex Dem Drake v. Drake

Supreme Court of North Carolina

Decided December 5, 1833PublishedCited by 26 opinions

Ejectment tried on the Fall Circuit of 18SQ, before Danier Judge, at Edgecombe. By consent, a verdict was taken for the plaintiff subject to the opinion of his Honor on the following case: William Drake being seised in fee of the premises in dispute* in February 182,7, duly made and published his last will and testament, and therein devised as follows J “ I give and bequeath to my beloved son Levi Drake, the “son of Eleanor Edwards, deceased,' ali my estate both “real and…

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Ejectment tried on the Fall Circuit of 18SQ, before Danier Judge, at Edgecombe. By consent, a verdict was taken for the plaintiff subject to the opinion of his Honor on the following case: William Drake being seised in fee of the premises in dispute* in February 182,7, duly made and published his last will and testament, and therein devised as follows J “ I give and bequeath to my beloved son Levi Drake, the “son of Eleanor Edwards, deceased,' ali my estate both “real and personal, to him and his heirs forever;” and died in the same year without altering or revoking it.— Levi Drake upon the…

1Opinion of the Court

Rueeist, Chief-Justice.

The title of the lessors of the plaintiff depends upon the effect of the private act of 1802, which was given in evidence, and is set forth in the record. By it the names of several persons in no way connected with each other are changed. Among them, that of Levi Edwards is altered to Levi Drake. In the last section it is enacted, that the persons described in the first section, shall be legitimated and made capable to possess, inherit and enjoy by descent or otherwise, any estate, real or personal, to all intents as if they had been born in lawful wedlock.

It is…

2Cited by26 opinions

  1. Johnson v. United StatesSupreme Court of the United States · 2015
  2. Sessions v. DimayaSupreme Court of the United States · 2018
  3. Matter of BanksSupreme Court of North Carolina · 1978
  4. State v. LowrySupreme Court of North Carolina · 1965
  5. Hobbs v. County of MooreSupreme Court of North Carolina · 1966

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