Creech v. . Corbett

41 S.E.2d 743, 227 N.C. 276, 1947 N.C. LEXIS 386

• Court: Supreme Court of North Carolina
• Decided: March 26, 1947
• Status: Published

Opinion

Stacy, C. J.

The question for decision is whether the case as made can survive the demurrer to the evidence. Even if it be conceded that the instrument in evidence purporting to be a deed of gift from J. B. Creecb and wife to Louisa H. Hales is void, as tbe trial court concluded, tbis would not perforce dispose of tbe petitioners’ prima facie case.

It is true tbe petitioners claim under tbe reverter clause in tbis instrument. Failing in tbis, however, they claim as beirs of J. B. Creecb. So, taking either born of tbe dilemma, tbe matter would seem to be for tbe twelve.

Then, too, if Louisa H. Hales put tbis paper writing on record, what effect did it have upon tbe character of her possession ? Tbe respondents rely upon her claim of adverse possession. Tbe petitioners say her claim was under tbis registered instrument.

Tbe case is involved in too many contradictions to warrant a nonsuit.

Reversed.