Condry v. . Cheshire
Supreme Court of North Carolina
Ejectment tried at Spring Term, 1881, of Iredell Superior Court, before MoKoy, J. The plaintiff claimed under the following clause of John McLelland’s will, which was put in evidence; Item 5. “I give and bequeath to my neighbor and friend, R. H. Parks, two hundred and twentj^-five acres of land, lying on the waters of Dutchman creek, being part of the plantation on which I formerly lived, including the dwelling and outhouses, in trust and confidence nevertheless for the sole…
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Ejectment tried at Spring Term, 1881, of Iredell Superior Court, before MoKoy, J. The plaintiff claimed under the following clause of John McLelland’s will, which was put in evidence; Item 5. “I give and bequeath to my neighbor and friend, R. H. Parks, two hundred and twentj^-five acres of land, lying on the waters of Dutchman creek, being part of the plantation on which I formerly lived, including the dwelling and outhouses, in trust and confidence nevertheless for the sole use and benefit of Mary Condry, wife of Thomas Condry, and the heirs of her body, during her natural life, and at her…
1Opinion of the CourtAshe, J.
The first ground of appeal taken by the defendants is without foundation. It has been decided by this court and is now to be considered a settled law o'f the state, that a plaintiff in ah action to recover real property may recover upon an equitable title, even as in this case where the legal estate is in his trustee. Murray v. Blackledge, 71 N. C., 492; Farmer v. Daniel, 82 N. C., 152. And if the ground of appeal was intended to embrace the ruling of His Honor upon the legal effect of the decree in equity on the right of the plaintiffs to recover in this action, that question has been…
2Cases cited5 opinions
- Doyle v. . Brown, GuardianSupreme Court of North Carolina · 1875
- Murray, Ferris & Co. v. BlackledgeSupreme Court of North Carolina · 1874
- Hill v. . BrowerSupreme Court of North Carolina · 1877
- Farmer v. . DanielSupreme Court of North Carolina · 1880
- Merritt v. . ScottSupreme Court of North Carolina · 1879
3Cited by40 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Harrell v. . WelsteadSupreme Court of North Carolina · 1934
- Card v. Finch.Supreme Court of North Carolina · 1906
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
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