Westfelt v. Adams.
Supreme Court of North Carolina
ActioN by G. R. Westfelt and others against W. S. Adams, heard by Judge George A. Jones and a jury, at July Term, 1901, of the Superior Court of Swain County. From a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtMontgomery, J.
Four questions of importance are involved in the case on appeal: First, the propriety of an action to recover possession of land where the title is an equitable one, the equity not being stated in the complaint; second, the legal effect of a conveyance for land, not being under seal when introduced as a link in the chain of title; third, the rule concerning hearsay evidence as applicable to* boundary; and, fourth, the rule in reference to general reputation as to boundary.
It seems to be settled by the decisions of our Court that a plaintiff may recover in ejectment upon an equitable title.…
2Cases cited9 opinions
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- Condry v. . CheshireSupreme Court of North Carolina · 1883
- Taylor v. . EatmanSupreme Court of North Carolina · 1885
- Geer v. . GeerSupreme Court of North Carolina · 1891
- Holmes v. . MarshallSupreme Court of North Carolina · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Yow v. Hamilton.Supreme Court of North Carolina · 1904
- Hemphill v. Hemphill.Supreme Court of North Carolina · 1905
- Roe v. . JourneganSupreme Court of North Carolina · 1918
- Rollins v. . WickerSupreme Court of North Carolina · 1911
- Lamb v. . CopelandSupreme Court of North Carolina · 1912
16 more not listed; retrieve them via the Exa API.