Johnston v. . Hunly

Superior Court of North Carolina

Johnston v. . Hunly

1 N.C. 220

Superior Court of North Carolina·Decided July 5, 1802·Published

Opinion

The plaintiff having the legal title is consequently entitled to a recovery in this action. The case cited from Cowper went upon the ground of the plaintiff's attempting to defeat a solemn deed under his hand, whereby he covenanted to let the defendant enjoy the premises; but that is very different from the case of an heir who has done nothing to impair his title.

Verdict for the plaintiff.

NOTE. — See acc. Jiggitts v. Maney, 5 N.C. 258, which also decides that if there is a new publication of the will after the purchase, the land may pass.

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The plaintiff having the legal title is consequently entitled to a recovery in this action. The case cited from Cowper went upon the ground of the plaintiff's attempting to defeat a solemn deed under his hand, whereby he covenanted to let the defendant enjoy the premises; but that is very different from the case of an heir who has done nothing to impair his title.

Verdict for the plaintiff.

NOTE. — See acc. Jiggitts v. Maney, 5 N.C. 258, which also decides that if there is a new publication of the will after the purchase, the land may pass.

Johnston v. . Hunly, 1 N.C. 220 (N.C. Ct. App. 1802).

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1 N.C. 220 (Johnston v. . Hunly) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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