Norwood v. . Totten
Supreme Court of North Carolina
Appeal by defendants from Peebles, J., at May Term, 1914, of Chatham. This action was begun before the clerk for the partition of land, and upon a plea of sole seizin it was transferred to the civil-issue docket, and tried before a jury. Verdict and judgment for plaintiffs. Appeal by defendants.
1Opinion of the Court
Clark, O. J.
Frances A. D. Norwood, who was the second wife of Mebane A. J. Norwood, on 11 October, 1905, executed a ■deed to the premises to her husband, whose heirs at law are the plaintiffs. Her privy examination was not taken. She died ■■about a month thereafter, having had no issue born. The defendants are her. heirs at law. The jury find, under proper instructions, that said husband and his children by the first wife have been in adverse possession under said deed more than seven years. This deed was offered merely as color of title, and the court properly held that it was sufficient for…
2Cases cited13 opinions
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Farmer v. . BattsSupreme Court of North Carolina · 1880
- Keener v. . GoodsonSupreme Court of North Carolina · 1883
- Avent v. ArringtonSupreme Court of North Carolina · 1890
- Doe on Demise of Tate's Heirs v. SouthardSupreme Court of North Carolina · 1824
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ballard v. BallardSupreme Court of North Carolina · 1949
- King v. . McRackanSupreme Court of North Carolina · 1915
- Elmore v. . ByrdSupreme Court of North Carolina · 1920
- McClure v. . CrowSupreme Court of North Carolina · 1929
- Shermer v. . DobbinsSupreme Court of North Carolina · 1918
9 more not listed; retrieve them via the Exa API.