Legal Opinion

Everett v. . Newton

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 30 opinions

Civil actioN, tried before Starbuolc, J., at Spring Term, 1895, of Swain Superior Court. Yerdict and judgment in favor of plaintiffs and appeal by defendant. The facts are sufficiently set out in the opinion.

1Opinion of the Court

Avery, J.:

The land in controversy was granted by the State to the defendant, William Newton, in the year 1854, and he now contends that the title has never passed out of him. . The plaintiffs, who are (except the plaintiff administrator) heirs-at-law of Clark Whittier, claim through a deed which they allege was executed by the defendant to his father, Solomon Newton, and which was lost or destroyed, and through mesne conveyances to their ancestor Clark Whittier, who devised to them as tenants in common. There is no controversy as to the execution of the mesne conveyances. They likewise allege…

2Cases cited12 opinions

  1. McLean v. . SmithSupreme Court of North Carolina · 1890
  2. Avent v. ArringtonSupreme Court of North Carolina · 1890
  3. Vickers v. . LeighSupreme Court of North Carolina · 1889
  4. Cox v. . WardSupreme Court of North Carolina · 1890
  5. Hamilton v. . IcardSupreme Court of North Carolina · 1894

7 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Eason v. SpenceSupreme Court of North Carolina · 1950
  2. Card v. Finch.Supreme Court of North Carolina · 1906
  3. Joyner v. Futrell.Supreme Court of North Carolina · 1904
  4. Trust Co. v. . WatkinsSupreme Court of North Carolina · 1939
  5. Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919

25 more not listed; retrieve them via the Exa API.

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