Gobble v. . Orrell
Supreme Court of North Carolina
Appeal by defendants from Justice, J., at February Term, 1913, of DavidsoN. This is an action to recover the possession of land.
Read the full summary
Appeal by defendants from Justice, J., at February Term, 1913, of DavidsoN. This is an action to recover the possession of land. Hiram Gobble originally owned it, and while he was owner, his then wife, Arena Gobble, obtained an absolute divorce from him at January Term, 1880. In the decree the court adjudged that alimony, in the sum of .$400 per annum, be paid by Hiram Gobble to the plaintiff, and appointed a receiver, with directions to “pay out of the rents and profits of said land, or the proceeds thereof, the said alimony, according to the terms of the decree,” that is, $400 annually…
1Opinion of the Court
Walker, J.,
after stating the case: It is apparent that plaintiffs are the owners of the land, unless the defendants have acquired it by inheritance from their father, who had mortgaged it to J. M. Lomax, it being afterwards sold by him under the mortgage to Robert A. Gobble, father of plaintiffs. Defendants contend that Hiram Gobble sold and conveyed the land in violation of an injunction issued by the court in the divorce suit, and that his deed is therefore invalid; and if this is not so, they claim by the adverse possession of their mother for twenty years of the land after the decree was…
2Cases cited7 opinions
- The People v. . SturtevantNew York Court of Appeals · 1853
- G. Seligson & Co. v. CollinsTexas Supreme Court · 1885
- Union Trust Co. v. Southern Inland Navigation & Improvement Co.Supreme Court of the United States · 1889
- Ward v. BillupsTexas Supreme Court · 1890
- Morris v. BradfordSupreme Court of Georgia · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ledbetter v. Farmers Bank & Trust Co.Court of Appeals for the Fourth Circuit · 1944
- Lambeth v. LambethSupreme Court of North Carolina · 1959
- Thompson v. . Notion Co.Supreme Court of North Carolina · 1912
- Howell v. . HarrellSupreme Court of North Carolina · 1874