Bradford v. Bank of Warsaw
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at April Term, 1921, of WayNe. This was a petition for sale for partition of a small lot in Goldsboro, and the defendant bank pleaded sole seisin. The jury responded to the issue that the plaintiff was owner of an undivided three-fifths interest in the premises, and from the judgment thereon the defendant appealed.
1Opinion of the CourtClark, C. J.
The plaintiff and defendant claim under a common source of title, and the court so charged the jury, to which there was no exception. The defendant admits in its brief that Needham Kennedy was in possession of the land at the time of his death, and mentions his heirs by name. The plaintiff contends that he has shown a better title to the three-fifths interest in the land from this common source. Mobley v. Griffin, 104 N. C., 112. It is not denied that the defendant has a good title through the conveyances from the two daughters of their two-fifths interest in said lot.
The plaintiff put in…
2Cases cited12 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Page v. . BranchSupreme Court of North Carolina · 1887
- King v. . McRackanSupreme Court of North Carolina · 1915
- Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
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