Graybeal v. . Davis
Supreme Court of North Carolina
This was a civil ACTION to recover a tract of land, tried at the Pall Term, 1886, of Ashe Superior Court, before Montgomery, Judge.
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This was a civil ACTION to recover a tract of land, tried at the Pall Term, 1886, of Ashe Superior Court, before Montgomery, Judge. In support of their title the plaintiffs offered in evidence a deed from John Bower to George Bower, dated 25th of August, 1808, a deed from George Bower to David Earnest, dated November 19th, 1810, and a deed from David Earnest to Andrew Shearer, dated 7th of March, 1812. The plaintiff insisted that the deed from John Bower to George Bower passed the absolute estate, the operative words of which are: “ That he, the said John Bower, * * * hath bargained and sold…
1Opinion of the Court
Ashe, J.,
(after stating the facts). In this case the learned counsel for the plaintiffs went into an elaborate and ingenious argument before us, upon the question of the descent of the title to the plaintiffs, relying on the principle enunciated in the cases of Laurence v. Pitt, 1 Jones, 344; King v. Scoggin, 92 N. C., 99, and that class of cases, to show that the plaintiff did not derive her title to the land from her mother, Susan Wyatt, and was therefore not barred by the deed made by her mother to her brother, Alexander Wyatt.
But it is immaterial from whom the plaintiff claimed to derive…
2Cases cited3 opinions
- Ryan v. . MartinSupreme Court of North Carolina · 1884
- King v. . ScogginSupreme Court of North Carolina · 1885
- Ryan v. . McGeheeSupreme Court of North Carolina · 1880
3Cited by14 opinions
- Bryan v. . SpiveySupreme Court of North Carolina · 1891
- Moore v. . MillerSupreme Court of North Carolina · 1920
- Alexander v. . GibbonSupreme Court of North Carolina · 1896
- Carolina Real Estate Co. v. BlandSupreme Court of North Carolina · 1910
- Taylor v. JohnstonSupreme Court of North Carolina · 1976
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