Supreme Court of North Carolina, 1947

Creech v. . Corbett

Creech v. . Corbett
Supreme Court of North Carolina · Decided March 26, 1947 · Stacy
41 S.E.2d 743; 227 N.C. 276; 1947 N.C. LEXIS 386 (South Eastern Reporter, Second Series)

Creech v. . Corbett

Opinion of the Court

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. *277 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.