Johnson v. . Parker
Supreme Court of North Carolina
Civil Action to recover Possession of Land tried at Spring Term, 1877, of Pitt Superior Court, before Eure, J. Previous to the year 1826, Howell Hearne owned a tract of land in Pitt county, and in that year conveyed it to John A. Atkinson in trust to secure debts due to B. A. Atkinson, but remained in possession thereof; and in 1838, he conveyed it in fee to said B. A. Atkinson, but continued to remain in possession ; and in the same year Atkinson conveyed to Charles…
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Civil Action to recover Possession of Land tried at Spring Term, 1877, of Pitt Superior Court, before Eure, J. Previous to the year 1826, Howell Hearne owned a tract of land in Pitt county, and in that year conveyed it to John A. Atkinson in trust to secure debts due to B. A. Atkinson, but remained in possession thereof; and in 1838, he conveyed it in fee to said B. A. Atkinson, but continued to remain in possession ; and in the same year Atkinson conveyed to Charles Johnson, the father of plaintiff, who married the daughter of Hearne, and he and Hearne lived together on said land until…
1Opinion of the CourtJBynum, J.
All the exceptions taken during the progress of the trial in the Court below were decided in favor of the plaintiff, except one, and as the judgment was in favor of the defendants, only the plaintiff’s exception which was overruled is the subject of review ; and while we think that exception was decided correctly, it is unnecessary to dwell upon it as in our view of the case it becomes immaterial.
In 1837 or ’38, the three heirs at law of Howell Hearne who had no color of title himself, took possession of the land in controversy and made an actual division of it into three equal parts by metes…
2Cited by6 opinions
- John L. Roper Lumber Co. v. Richmond Cedar WorksSupreme Court of North Carolina · 1914
- Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
- Alexander v. . Cedar WorksSupreme Court of North Carolina · 1919
- Christenbury v. . KingSupreme Court of North Carolina · 1881
- Amis v. . StephensSupreme Court of North Carolina · 1892
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