Overman v. . Sasser
Supreme Court of North Carolina
This was a controversy without action, submitted to Brown, J, at April Term, 1890, of Wayne Superior Court. The plaintiff is executor of the estate of Eli Sasser, Sr., who died in March, 1890, and the defendants are the children of said Eli Sasser by his first wife, Eliza Sasser, who died in 1877, leaving the defendants heirs at law.
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This was a controversy without action, submitted to Brown, J, at April Term, 1890, of Wayne Superior Court. The plaintiff is executor of the estate of Eli Sasser, Sr., who died in March, 1890, and the defendants are the children of said Eli Sasser by his first wife, Eliza Sasser, who died in 1877, leaving the defendants heirs at law. About the year 1873, said Eliza Sasser and one Amanda Cassely, wife of T. M. Cassely, became the owners as tenants in common in fee of a certain tract of land in said county, on which is a water-mill power, used for grinding corn, etc., and for ginning and…
1Opinion of the Court
Clark, J.:
In the great case of Elwes v. Mawe, 3 East., 38, 2 Smith Ldg. Cases, Lord ElleNBORougji holds the doctrine of fixtures to depend largely in its application upon the relations of the parties, which he divides into three classes.
1. Execütor and heir. As between them, the common law rule, that whatever is affixed to the freehold becomes a part of it and passes with it (quic quid plantatur solo, solo cedii) is observed in full vigor. In this class fall also mortgagor and mortgagee, vendor and vendee, as to whom the strict rule of the common law is still in force. Foote v. Gooch, 96 N.…
2Cases cited7 opinions
- Western North Carolina Railroad v. DealSupreme Court of North Carolina · 1884
- Moore v. . VallentineSupreme Court of North Carolina · 1877
- Horne v. . SmithSupreme Court of North Carolina · 1890
- Latham v. . BlakelySupreme Court of North Carolina · 1874
- Feimster v. . JohnsonSupreme Court of North Carolina · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Wilson v. McLeod Oil Co., Inc.Supreme Court of North Carolina · 1990
- Little v. National Service Industries, Inc.Court of Appeals of North Carolina · 1986
- Belvin v. Raleigh Paper Co.Supreme Court of North Carolina · 1898
- Springs v. . Refining Co.Supreme Court of North Carolina · 1933
- Roseburg Nat. Bank v. CampOregon Supreme Court · 1918
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