1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 163 S.E.2d
  5. 163 S.E.2d 115 (1968)
 

SUMMEY v. McDOWELL

No. 6819SC291.

163 S.E.2d 115 (1968)

2 N.C. App. 360

Dennis Ray SUMMEY, by his next friend, John Lespie Summey, and Rhonda S. Hughes, by her next friend, Jerry Hughes, Plaintiffs, v. Herman McDOWELL and wife, Opal McDowell, Defendants, and Vonzelle Wood Summey Newsome and husband, Robert Joe Newsome, Shirley Summey Parks and husband, Odell Parks, Lewis Wood and wife, Leona Wood, Homer Wood (Divorced), Bernice Wood Skeen and husband, Wan Skeen, and any unborn children of Vonzelle Wood Summey Newsome and J. Howard Redding, Guardian ad litem for any unborn children of Vonzelle Wood Summey Newsome, Additional Defendants.

Court of Appeals of North Carolina.

September 18, 1968.

Attorney(s) appearing for the Case

Walker, Bell & Ogburn, by John N. Ogburn, Jr., Asheboro, for original defendant appellants.

Ottway Burton, Asheboro, for Vonzelle Wood Summey Newsome and Robert Joe Newsome, additional defendants.

L. T. Hammond, Sr., Asheboro, for plaintiffs appellees.

CAMPBELL, Judge.

The appellants assert that Vonzelle is the owner in fee of the land in question, together with the timber thereon, by virtue of the application of the rule in Shelley's case.

"The rule in Shelley's Case was first stated, 1 Coke, 104, in 1581, and is as follows: `When an ancestor, by any gift or conveyance, taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately,...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases