Stith v. . McKee
Supreme Court of North Carolina
Ejectment tried at January Special Term,1882, of Davidson Superior Court, by Seymour, J. This is an action for the recovery of land begun in 1881. Both parties claim under Nancy Trotter — the plaintiffs under a conveyance from her heirs since her death, and the defendants under mesne conveyances from Philip Hendrick, to whom she conveyed in 1826. The deed to Hendrick after acknowledging the receipt of the sum of two hundred dollars as its consideration, contains the…
Read the full summary
Ejectment tried at January Special Term,1882, of Davidson Superior Court, by Seymour, J. This is an action for the recovery of land begun in 1881. Both parties claim under Nancy Trotter — the plaintiffs under a conveyance from her heirs since her death, and the defendants under mesne conveyances from Philip Hendrick, to whom she conveyed in 1826. The deed to Hendrick after acknowledging the receipt of the sum of two hundred dollars as its consideration, contains the following limitation: “ The aforesaid land with all its waters, woods, &c., to have and to hold, and I the said Nancy Trotter do…
1Opinion of the CourtRuffin, J.
The finding of the jury makes it unnecessary that we should consider the question as to the operation of the deed, and the estate which it in fact passed ; for however that may be, the defendants are clearly entitled to the judgment of the court, unless some error was committed in the conduct of the trial, of which the plaintiffs can complain, and for which they are entitled to have the verdict set aside; as to which we will now proceed to consider their exceptions.
As bearing upon the intention, with which the deed was executed, the defendants offered evidence as to the value of the land in…
2Cases cited1 opinion
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
3Cited by18 opinions
- Bowen v. DardenSupreme Court of North Carolina · 1954
- Mims v. MimsSupreme Court of North Carolina · 1982
- Norton v. . McDevitSupreme Court of North Carolina · 1898
- Spence v. . Pottery Co.Supreme Court of North Carolina · 1923
- Mask v. . TillerSupreme Court of North Carolina · 1883
13 more not listed; retrieve them via the Exa API.