Coulter v. . Wilson
Supreme Court of North Carolina
Civil actioN tried before Shaw, J., and a jury, at October Term, 1915, of BueKe. Tbe action was instituted by plaintiffs against R. L. Wilson to recover damages for breach of tbe usual covenants in a deed by which said Wilson conveyed the land to feme plaintiff; plaintiff alleging, among other things, that there was a breach of covenant by reason of title paramount in R. S. Fraser, O. N. Kidd, et al., and that this title had been successfully asserted by these parties in an…
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Civil actioN tried before Shaw, J., and a jury, at October Term, 1915, of BueKe. Tbe action was instituted by plaintiffs against R. L. Wilson to recover damages for breach of tbe usual covenants in a deed by which said Wilson conveyed the land to feme plaintiff; plaintiff alleging, among other things, that there was a breach of covenant by reason of title paramount in R. S. Fraser, O. N. Kidd, et al., and that this title had been successfully asserted by these parties in an action against plaintiffs and judgment entered establishing the superior title in them. Defendant R. L. Wilson, grantor,…
1Opinion of the Court
Hoke, J.,
after stating tbe case: Tbe Court is unable to perceive tbat tbe plaintiffs, either in their allegations or evidence, have established any cause of action against defendants R. S. Fraser et al., ap-pellees, or shown any right to have them retained further in the ease.
Not only is it alleged in the original and amended complaint that these appellees are the holders of the true title, and that this fact has been established as between plaintiffs and appellees by judgment of a competent court, but the further proceeding has disclosed that the original defendant, R. L. Wilson, grantor of…
2Cases cited6 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- State Ex Rel. Clendenin v. TurnerSupreme Court of North Carolina · 1887
- Joyce v. GrowneySupreme Court of Missouri · 1900
- Colgrove v. . KoonceSupreme Court of North Carolina · 1877
- Robbins v. . HarrisSupreme Court of North Carolina · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Davis v. RadfordSupreme Court of North Carolina · 1951
- Montgomery v. . BladesSupreme Court of North Carolina · 1940
- Schnepp v. . RichardsonSupreme Court of North Carolina · 1942
- Wrenn v. GrahamSupreme Court of North Carolina · 1953
- STANDARD AMUSEMENT COMPANY v. TarkingtonSupreme Court of North Carolina · 1958
5 more not listed; retrieve them via the Exa API.