Buchanan v. . Clark
Supreme Court of North Carolina
Appeal by defendant Clark from Lyon, J., at October Term, 1912, of Avery. This is an action for tbe recovery of land,‘and its decision turns upon tbe question wbetber a deed, or instrument in tbe form of a deed and sufficient to convey presently a fee-simple' title in tbe land, to Baymond Bucbanan by C. F. and B. E. Franklin bad been delivered. A second deed was executed by tbe Franklins to tbe defendant W. C. Clark, at bis request, for tbe same land.
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Appeal by defendant Clark from Lyon, J., at October Term, 1912, of Avery. This is an action for tbe recovery of land,‘and its decision turns upon tbe question wbetber a deed, or instrument in tbe form of a deed and sufficient to convey presently a fee-simple' title in tbe land, to Baymond Bucbanan by C. F. and B. E. Franklin bad been delivered. A second deed was executed by tbe Franklins to tbe defendant W. C. Clark, at bis request, for tbe same land. Plaintiff, wbo is tbe sole beir at law of Bay-mond Bucbanan, be having died some time between tbe dates of tbe two deeds, contends tbat tbe…
1DissentClark, C. J.
HOKE, J., did not sit. After stating the case: We are of opinion that the defendants in this case are completely foreclosed by the judge's findings of fact. Parties can have their causes tried by jury, by reference, or by the court. They may waive the right of trial by jury by consenting that the judge may try the case without a jury, in which event he finds the facts and declares the law arising thereon. Revisal, sec. 540. His findings of fact are conclusive, unless proper exception is made in apt time that there is no evidence to support his findings or any one or more of them. The present…
2Cases cited18 opinions
- Walnut v. WadeSupreme Court of the United States · 1881
- Fortune v. . HuntSupreme Court of North Carolina · 1908
- Austin v. . StatenSupreme Court of North Carolina · 1900
- Matthews v. Fry.Supreme Court of North Carolina · 1906
- Helms v. . AustinSupreme Court of North Carolina · 1895
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