Batten v. . Corporation Commission

154 S.E. 748, 199 N.C. 460, 1930 N.C. LEXIS 146

Opinion

CoNNort, J.

Defendants are in possession of the land described in the complaint, claiming an estate therein per autre vie.

This land was conveyed in 1898, by J. M. Batten and his wife to O. I. Batten for his lifetime, and then to his. children. It was not made to appear at the hearing that C.’ I. Batten is dead. He has no living children and is now 55 years of age. Plaintiff claims title to an undivided four-fifths interest in said land, subject to the life estate of O. I. Batten. He is one of five children of J. M. Batten; three of said children have conveyed to plaintiff all their right, title and interest in and to said land.

It is manifest that plaintiff’s title, if any, to the remainder in said land, after the death of C. I. Batten, is not sufficient to sustain this action. Hough v. Martin, 22 N. C., 379. In an action for the recovery of damages for waste, committed by a life tenant, the plaintiff must establish 'a good, ánd not a doubtful title to the remainder. The judgment is

Affirmed.