H. J. and John McNeill v. . Flora Riddle
Supreme Court of North Carolina
This was an action of ejectment, tried before Buxton, J., at Fall Term 1871, of Moore Superior Court. The declaration in ejectment was served on James Riddle, (the hnsband of the defendant) who was in possession, Aug. 6th, 1861. At Fall Term 1861, one Tyson was by leave of the Court permitted to come in and defend as landlord of Riddle.
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This was an action of ejectment, tried before Buxton, J., at Fall Term 1871, of Moore Superior Court. The declaration in ejectment was served on James Riddle, (the hnsband of the defendant) who was in possession, Aug. 6th, 1861. At Fall Term 1861, one Tyson was by leave of the Court permitted to come in and defend as landlord of Riddle. At Fall Term 1870, by consent of plaintiff and by leave of the Court, Flora Riddle came into Court, and was made party defendant in the place of Tyson. James Riddle, husband of the defendant, did not enter an appearance to the action. The lessors of the…
1Opinion of the CourtBoydisN, J.
In this ease two objections are made to the recovery of the plaintiff's.
1. That the deed of the plaintiffs made by the trustee Cole, was made while the wife of the bargainor in the deed of trust was in actual possession, claiming adversely to all the world.
The bargainor in the deed of trust continued in possession of the land until his death, after the commencement of this action, and this raises the question, whether the possession of .a bargainor in a deed of trust or that of his widow, after his death, as against the trustee or the purchaser at a sale under the trust, can be set up as…
2Cited by5 opinions
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- Williams v. . MunroeSupreme Court of North Carolina · 1872
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- Shober v. . HauserSupreme Court of North Carolina · 1838
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