Clendenin v. Clendenin
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at the October Term, 1920, of Ieedell. This is an action, commenced 1 May, 1919, to recover land, which formerly belonged to Jane E. Click, a married woman, who died intestate in October, 1901, leaving as her only heirs one daughter, Annie Fleming, and the plaintiffs, who are the children of a deceased daughter, Belle V., and of the defendant, W. S. Clendenin. The interest of Annie Fleming has been conveyed to the plaintiffs.
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Appeal by defendant from Lane, J., at the October Term, 1920, of Ieedell. This is an action, commenced 1 May, 1919, to recover land, which formerly belonged to Jane E. Click, a married woman, who died intestate in October, 1901, leaving as her only heirs one daughter, Annie Fleming, and the plaintiffs, who are the children of a deceased daughter, Belle V., and of the defendant, W. S. Clendenin. The interest of Annie Fleming has been conveyed to the plaintiffs. The husband of Jane E. Click died in 1902, and Belle V. in 1893. The defendant married in 1885, and the children, who are plaintiffs,…
1Opinion of the CourtAlleN, J.
Tbe paper-writing introduced in evidence by tbe defendant is void, and did not bave tbe effect of passing ány interest in tbe land to tbe plaintiffs or tbe defendant, because tbe land purporting to be conveyed belonged to a married woman, and ber privy examination was not taken (Council v. Pridgen, 153 N. C., 444), and witb tbis paper out of tbe way as evidence of title, tbe plaintiffs are tbe owners in fee of tbe land as tbe beirs of Jane E. Click, tbe former owner, and as grantee of Annie Fleming, another heir, unless tbe defendant has shown title by adverse possession.
There is a marked…
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