Den Ex Dem. Burgwyn v. Devereux
Supreme Court of North Carolina
This was an appeal from the judgment of the Superior Court of Law oí Jones County at Spring Term, 1841, his Honor Judge Baily presiding, upon the following case agreed: This action is brought to try whether the premises set forth in the declaration descended to the lessors of the plaintiff in common with Frances Devereux, or whether the said Frances was seized of them in severalty; and upon this question the following statement of facts is submitted as a case agreed.
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This was an appeal from the judgment of the Superior Court of Law oí Jones County at Spring Term, 1841, his Honor Judge Baily presiding, upon the following case agreed: This action is brought to try whether the premises set forth in the declaration descended to the lessors of the plaintiff in common with Frances Devereux, or whether the said Frances was seized of them in severalty; and upon this question the following statement of facts is submitted as a case agreed. George Pollok died in April, 1839, seized in fee of the land in question, to which he succeeded by devise, upon the death of…
1Opinion of the CourtRuffin, C. J.
The lessors of the plaintiff claim to be tenants in common with the defendant, by a descent of the premises in dispute from George Pollok; and the defendant, admitting what is equivalent to an actual ouster, if the parties be tenants in common, yet insists, that the premises descended to Frances Devereux alone. The question, therefore, is, who is or are the heir or heirs of George Pollok, in respect of this land ?
Here, it may be as well to say at once, that the answer to that question, and to every other that can be raised as to a descent since 1808, depends, and depends exclusively, upon the…
2Cited by4 opinions
- Jones v. . JonesSupreme Court of North Carolina · 1947
- Brown v. CowperSupreme Court of North Carolina · 1957
- Ballard v. . GriffinSupreme Court of North Carolina · 1815
- Reilly v. MahoneyNew Jersey Court of Chancery · 1941