Paul v. . Carter
Supreme Court of North Carolina
Appeal by plaintiffs from Ferguson, J., at tie May Term, .1910, of BEAUFORT. The plaintiffs brought this action to recover the possession of a tract of land. They claim title to the land as the children of J. B. Paul by his first marriage. J. B. Paul, after the death of his first wife, married Bettie Carter, who inherited a one-third interest in the land from her father, Stephen Carter, the other heirs of Stephen Carter being his two sons, Lawrence Carter and the defendant.
Read the full summary
Appeal by plaintiffs from Ferguson, J., at tie May Term, .1910, of BEAUFORT. The plaintiffs brought this action to recover the possession of a tract of land. They claim title to the land as the children of J. B. Paul by his first marriage. J. B. Paul, after the death of his first wife, married Bettie Carter, who inherited a one-third interest in the land from her father, Stephen Carter, the other heirs of Stephen Carter being his two sons, Lawrence Carter and the defendant. The latter has purchased the interest of Lawrence Carter and is the owner of the entire interest in the land, if the…
1Opinion of the Court
Walker, J.,
after stating the facts. The solution of the question in this case depends upon the construction of rules 4 and 6 of the Canons of Descent, Revisal, ch. 30, sec. 1556. Rule 4 provides that on failure of lineal descendants where land Las been transmitted by descent from an ancestor, the inheritance shall descend to the next collateral relations, capable of inheriting, of the person last seised, who are of the blood of such ancestor. Rule'6 provides that collateral relations of the half blood shall inherit equally with those of the whole blood, the degrees of relationship to be…
2Cases cited4 opinions
- Bell v. . DozierSupreme Court of North Carolina · 1827
- Aliph Dozier v. . C. W. Grandy and WifeSupreme Court of North Carolina · 1872
- McMichal v. . MooreSupreme Court of North Carolina · 1857
- Little v. . BuieSupreme Court of North Carolina · 1859
3Cited by2 opinions
- Ex Parte BarefootSupreme Court of North Carolina · 1931
- Dial v. ChatmanCourt of Appeals for the Fourth Circuit · 1934