PUGH v. DAVENPORT

No. 812SC1308.

299 S.E.2d 230 (1983)

Marion Dozier PUGH v. Thomas DAVENPORT and wife, Edith Davenport; Thelma Davenport Hassell and husband, Fentress Hassell; Ida D. Maitland and husband, Will Maitland; Wilma Davenport Spencer and husband, Jessie L. Spencer; Dallas Davenport and wife, Margarett D. Davenport; Clara May Davenport Rhodes and husband, T. Earl Rhodes.

Court of Appeals of North Carolina.

January 18, 1983.


Attorney(s) appearing for the Case

Earnhardt & Busby by Charles T. Busby, Edenton, for plaintiff-appellee.

Charles W. Ogletree, Columbia, for defendants-appellants.


ARNOLD, Judge.

This case was argued by both parties on the basis of the Marketable Title Act, G.S. 47B-1 through 47B-9. The effect of the language in the 1923 Pritchett will, however, decides the outcome without any reference to the Act.

Although neither party discussed it in their briefs or oral arguments, the Rule in Shelley's Case apparently applies to the devise by W.L. Pritchett. That common law doctrine was born in Wolfe v. Shelley, 1 Coke...

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