Ray v. . Gardner
Supreme Court of North Carolina
Civil ActioN to recover Possession of Land, tried at Fall Term, 1879, of YaNCEY Superior Court, before Schench, J. The complaint alleges that the plaintiff was seized in fee ■of the land in dispute, that lie was entitled to the possession, land that the defendants unlawfully withhold the possession from him. The answer denies the allegations of the complaint. • The case was submitted to a jury who found all the issues in favor of the plaintiff. Judgment, appeal by defendants.
1Opinion of the CourtAshe, J.
The plaintiff in support of his title offered in evidence a deed in trust, dated the 30th of August, 1866, for the land in controversy, from J. B. Gardner to N. M. Wilson, and a deed from Wilson to himself. He then offered in evidence, as an estoppel to the defendants, a deed from William Gardner, administrator of J. B. Gardner, to James W. Gardner, dated the 31st of August, 1875, made in pursuance of a regular order of court to sell the land for the purpose of making assets, on a petition filed by the said administrator, in which the land is described as belonging to the late J. B. Gardner.…
2Cases cited1 opinion
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
3Cited by11 opinions
- Allred v. Smith.Supreme Court of North Carolina · 1904
- Stewart v. . CarySupreme Court of North Carolina · 1941
- Drake v. . HowellSupreme Court of North Carolina · 1903
- Drake v. HowellSupreme Court of North Carolina · 1903
- Stewart v. CarySupreme Court of North Carolina · 1941
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