Southerland v. . Stout
Supreme Court of North Carolina
Civil Action, tried before Mitchell, J., at Eall Term, 1872, of Ashe Court. Plaintiff claimed two tracts of land, alleging that he was the owner of the same in fee. Defendant denied all the allegations of the complaint. On the trial plaintiff introduced a deed from one Cox to John Potter and a deed from Potter to Samuel McQueen -and a deed from McQueen to the plaintiff.
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Civil Action, tried before Mitchell, J., at Eall Term, 1872, of Ashe Court. Plaintiff claimed two tracts of land, alleging that he was the owner of the same in fee. Defendant denied all the allegations of the complaint. On the trial plaintiff introduced a deed from one Cox to John Potter and a deed from Potter to Samuel McQueen -and a deed from McQueen to the plaintiff. The deed from Cox to Potter conveyed only an estate for the life of Potter, but contained a clause of general warranty of the land to Potter and his heirs. The deed from Potter to McQueen was a deed in fee simple, and…
1Opinion of the CourtPeakson, C. J.
If the defendant, or her father, had purchased the reversion which remained .in Cox, after the life .estate was carved out, the very interesting question in respect to the doctrine of estoppel, which was argued by Mr. Folk with much learning, and upon which the case turned in the Court below, would have been presented to us for a decision. But neither the defendant nor her father acquired that reversion, and she defends this action against one claiming under her father, simply on the ground of an outstanding title in the heirs of Cox, with whom she has no connection.
“When both parties claim…
Also in this document: Per curiam.
2Cited by12 opinions
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Hauser v. Craft.Supreme Court of North Carolina · 1904
- Wiggins v. Pender.Supreme Court of North Carolina · 1903
- Smith v. Ingram.Supreme Court of North Carolina · 1902
- Sprinkle v. City of ReidsvilleSupreme Court of North Carolina · 1952
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