Young v. . Irvin
Superior Court of North Carolina
HP HE land in question, was granted by the King to SolomcD -*• and James Ogden on the 20th of February, 1735 ; they conveyed to Clark in 1737, and he to Gabriel Johnston in 1738..— Johnstoa devised in 1751, that his executors should sell; his widow being his executrix., intermarryed with Rutherford, and they conveyed to Grme in 1754, who in the same year ie-con-veyed to Rutherford, who in 1763 conveyed to Duncan, and he iiuhe same yea;; re-conveved them.
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HP HE land in question, was granted by the King to SolomcD -*• and James Ogden on the 20th of February, 1735 ; they conveyed to Clark in 1737, and he to Gabriel Johnston in 1738..— Johnstoa devised in 1751, that his executors should sell; his widow being his executrix., intermarryed with Rutherford, and they conveyed to Grme in 1754, who in the same year ie-con-veyed to Rutherford, who in 1763 conveyed to Duncan, and he iiuhe same yea;; re-conveved them. Rutherford ia li 73, pursuant to a o5' the court of Chancery, conveyed to Murray, and in 3774 Mmrfc)' conveyed to Young, who died, leaving…
1Opinion of the Court
Per Curiam» Haywood, Justice only in court.»
-After stating the facts as- they were proven on the trialThe legal title-has been, regularly deduced from the original proprietor to the lessor of the plaintiff, and he is entitled ta.recover in this action unless, barred by the act of limitations, or by Rutherford’s sale, ©r the joint operation oí both.. With respect to the contract to sell and the taking possession in consequence thereof, by the permission of the vender if that be considered independent of any concomitant or subsequent circumstances,, it can give no title whatsoever ; the land…
2Cited by1 opinion
- Hinson v. . KerrSupreme Court of North Carolina · 1919