Lee v. . Parker
Supreme Court of North Carolina
Appeal by defendant from Connor, J., at August Term, 1915, of DupliN. Civil action brought to recover the interest of the plaintiffs in a tract of land which they alleged is owned by them and defendants as tenants in common. It was admitted that if plaintiffs own any interest in the land it is three-eighths, the defendant owning the remaining five-eighths.
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Appeal by defendant from Connor, J., at August Term, 1915, of DupliN. Civil action brought to recover the interest of the plaintiffs in a tract of land which they alleged is owned by them and defendants as tenants in common. It was admitted that if plaintiffs own any interest in the land it is three-eighths, the defendant owning the remaining five-eighths. The decision of the case turns upon the validity of a deed purporting to have been made on 7 September, 1905, by Mary E. Wade to Clark M. Wade and wife, Kizziah Wade, and Harriet M. Wade and Bertie A. Wade for the “Sand Hill tract of land,”…
1Opinion of the Court
WALKER, J.,
after stating the case: The court submitted the four issues as set forth in the statement of the case, and as now appears, by amendment of the record, a fifth issue was added, as to the statute of limitations. The first and third issues only were answered, under the final instruction of the court, that if they answered the first issue “No” they need not answer the other issues, as possession under color and,the statute of limitations would be immaterial.
We had just as well dispose of this point in the beginning and before passing to a discussion of the principal question.
After the…
2Cases cited11 opinions
- Fitzgerald v. GoffIndiana Supreme Court · 1884
- Devereux v. . McMahonSupreme Court of North Carolina · 1891
- Brown v. . BrownSupreme Court of North Carolina · 1915
- Tarlton v. Griggs.Supreme Court of North Carolina · 1902
- Henry v. CarsonIndiana Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ballard v. BallardSupreme Court of North Carolina · 1949
- McDermott v. McDermottSupreme Court of Connecticut · 1921
- State v. . AbernethySupreme Court of North Carolina · 1925
- Winstead v. . WoolardSupreme Court of North Carolina · 1944
- Union Central Life Insurance v. CordonSupreme Court of North Carolina · 1935
13 more not listed; retrieve them via the Exa API.