Hoke v. First Security Trust Co.

In Speed v. Perry, 167 N. C., 122, 83 S. E., 176, which was an action to set aside certain deeds described in the complaint on the ground, among others, that the grantor in said deeds was without sufficient mental capacity to execute the same, it is said:

“There is another question in this case; the plaintiffs have shown no right to bring this suit. They have no cause of action. The real estate did not vest in them. This Court held, in Floyd v. Herring, 64 N. C., 409, following Ferebee v. Procter, 19 N. C., 439, that 'a personal representative has no control of the freehold estate of the…