Legal Opinion

Paul ex rel. Boyle v. Carpenter

Supreme Court of North Carolina

Decided January 15, 1874PublishedCited by 8 opinions

Civm actioN, (for the recovery of real property,) tried' before Watts, Jat the Special (January) Term, 1873, of Cbaven Superior Court. The substantial facts as agreed, are: The premises, the subject of the controversy, prior to the 17th February, 1864, was the separate property of Hetty, the then wife of A. H. Curtis, since dead, and who since his death has intermarried with the defendant, D. C. Carpenter.

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Civm actioN, (for the recovery of real property,) tried' before Watts, Jat the Special (January) Term, 1873, of Cbaven Superior Court. The substantial facts as agreed, are: The premises, the subject of the controversy, prior to the 17th February, 1864, was the separate property of Hetty, the then wife of A. H. Curtis, since dead, and who since his death has intermarried with the defendant, D. C. Carpenter. On the 17th February, 1864, Curtis and wife sold the land for a full and fair price, to one Benjamin Jacobs,, from, whom, through a regular serios of conveyances, the plaintiff herein…

1Opinion of the CourtRodMAN, J.

Happily for us, the questions to be dealt with in this case, are not of “familiar learning” in our Courts. *507Probably, the industry of the learned counsel for the plaintiff, has referred us to all the authorities which are accessible. But they bear only remotely on the special question in controversy here, and we must decide the case by the aid of a few generally admitted principles, and what seems to be fair and legitimate conclusion from them.

The following doctrines are taken to be generally admitted. When the armies of the United States during the late war, took hostile possession of part of…

2Cases cited1 opinion

  1. Mary N. Woodbourne v. . Ralph Gorrel and OthersSupreme Court of North Carolina · 1872

3Cited by8 opinions

  1. State v. ScottSupreme Court of North Carolina · 1921
  2. State Ex Rel. Attorney-General v. KnightSupreme Court of North Carolina · 1915
  3. State v. . ScottSupreme Court of North Carolina · 1921
  4. Jones v. . CohenSupreme Court of North Carolina · 1880
  5. Boone v. Merchants' & Farmers' BankDistrict Court, E.D. North Carolina · 1922

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