Legal Opinion · Dissent

Cover v. . McAden

Supreme Court of North Carolina

Decided June 2, 1922PublishedCited by 15 opinions

Appeal from 8ha/w, J., at April Term, 1922, of Buhcombe, the cause having been removed from Cherokee by consent. Civil action to recover damages for alleged breach of warranty title. The parties waived a trial by jury, and agreed that the court, after hearing the evidence and the argument, should answer the issues.

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Appeal from 8ha/w, J., at April Term, 1922, of Buhcombe, the cause having been removed from Cherokee by consent. Civil action to recover damages for alleged breach of warranty title. The parties waived a trial by jury, and agreed that the court, after hearing the evidence and the argument, should answer the issues. The plaintiff introduced in evidence the following: 1. A deed from Edwin B. Olmsted and wife to Levi Stevens, dated 7 February,'1868, purporting to convey about 5,000 acres of land in Cherokee County. 2. A deed for the same land from Levi Stevens and wife to the United States of…

1DissentClark, C.J.

Civil action to recover damages for alleged breach of warranty title. The parties waived a trial by jury, and agreed that the court, after hearing the evidence and the argument, should answer the issues. The plaintiff introduced in evidence the following:

1. A deed from Edwin B. Olmsted and wife to Levi Stevens, dated 7 February, 1868, purporting to convey about 5,000 acres of land in Cherokee County.

2. A deed for the same land from Levi Stevens and wife to the United States of America, dated 15 March, 1869.

3. An agreement between J. H. McAden, trustee, and F. P. Cover, dated 29 October, 1902,…

2Cases cited14 opinions

  1. Wiggins v. Pender.Supreme Court of North Carolina · 1903
  2. Price v. . DealSupreme Court of North Carolina · 1884
  3. Seldon v. Dudley E. Jones Co.Supreme Court of Arkansas · 1905
  4. Dillahunty v. Railway Co.Supreme Court of Arkansas · 1894
  5. Pevey v. JonesMississippi Supreme Court · 1893

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3Cited by15 opinions

  1. Schneider v. Lipscomb County National Farm Loan Ass'nTexas Supreme Court · 1947
  2. Culbreth v. Britt Corp.Supreme Court of North Carolina · 1949
  3. Fritts v. GerukosSupreme Court of North Carolina · 1968
  4. Thompson v. . Avery CountySupreme Court of North Carolina · 1939
  5. Elliott v. ThompsonIdaho Supreme Court · 1941

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