Gibbs v. Lyon

• Decision Date: 31 October 1886
• Citation: 95 N.C. 146
• Court: North Carolina Supreme Court
• Parties: W. K. GIBBS et al. v. JOHN LYON.

95 N.C. 146

W. K. GIBBS et al.

v.JOHN LYON.

Supreme Court of North Carolina.

October Term, 1886.

OPINION TEXT STARTS HERE

CIVIL ACTION, for the recovery of land, tried before MacRae, Judge, and a jury, at Fall Term, 1886, of DAVIE Superior Court.

The plaintiffs allege, that they are the owners in fee of the land described in the complaint, and that the tract of land formerly belonged to one Joel Lyon, now deceased, who was, upon his own petition, duly adjudged a bankrupt by the District Court of the United States for the Western District of North Carolina, and the reversionary interest in said lands sold by W. A. Clement, assignee of said bankrupt, on the 28th day of March, 1874, subject to the homestead interest of the bankrupt and his wife Nancy therein, and purchased by the plaintiffs, who paid for the same, and took from the assignee a deed therefor.

It is alleged and admitted, that Joel Lyon and his wife died, the former in 1880, the latter in 1882. The defendant denies the other material facts. On the trial the plaintiffs produced evidence of title, as follows:

1. Deed from A. M. Harris, executor of Joseph Chaffin, to Joel Lyon, dated 25th September, 1849, for ninety-nine acres and eighty-eight poles; said deed was recited to be in pursuance of a bond for title, executed in 1842, from Joseph Chaffin to Joel Lyon.

2. Bond from Joseph Chaffin to Joel Lyon, executed December 12th, 1842, for title of a certain tract of land, said to contain one hundred acres more or less.

3. Deed from Lemuel Bingham, Clerk and Master in Equity, to Joel Lyon, executed December 18th, 1857, reciting a decree of the Court of Equity of Davie county, for the partition of the lands belonging to the heirs of William Tucker, and the sale, on November 5th, to William Clark, who assigned his bid to Richmond Bailey and Joel Lyon, one-half of a certain tract of land, the one-half bounded as follows, &c., forty-seven and a half acres more or less.

4. Deed from W. A. Clement, assignee in bankruptcy of Joel Lyon, to the plaintiff, executed March 28th, 1874, for 150 acres of land subject to the bankrupt's homestead.

5. Assignment of R. H. Broadfield, Register in Bankruptcy, to W. A. Clement, assignee in bankruptcy of Joel Lyon, executed July 2d, 1873, acknowledged before the Clerk of Buncombe Superior Court by said Broadfield, April 12th, 1886, registered in Davie, October 9th, 1886.

Richmond Bailey testified, that he had heard the complaint read, and the deeds, and was acquainted with the lands; that he lives quite near them in this county, and is 77 years old and has known said lands all his life. The lands described in the complaint are the same lands described in the deeds; James Peck was in possession of them, claiming them as his own, when witness first knew them sixty-five years ago. Witness cannot tell how long Peck was in possession; Joseph Chaffin went into possession after Peck. Witness does not remember how long he was in possession; Joel Lyon went into possession after Chaffin, and died on, and in possession, of them, some few years back--several years ago this was the “hundred acre tract.” Joel Lyon and witness went into possession of the “eighty-eight acre tract” in 1851, and paid for it afterwards. William Tucker's heirs were in possession for several years before that, and William Tucker was in possession for twelve years before he died, in 1846. Phelps had it for about five years before Tucker got in. Armsby was in possession for a few months before Phelps, and Sheets had been in possession for a great many years before Armsby. The defendants are in possession now. The annual rental value of the land is not more than fifty dollars.

This witness, on cross-examination, testified that very little of the land was cleared when Joel Lyon went into possession; there was a house surrounded by woodland, the house in the centre. Lyon cleared up a good deal of the land, but before him not much was cleared. The fifty acres when he purchased was all outlying; he went into possession and commenced cultivating certain portions of the land, the rest of it all lying out.

Defendant offered an assignment from R. H. Broadfield, Register in Bankruptcy, to W. A. Clement, assignee in bankruptcy of P. R. Martin, executed July 19th, 1875.

The presiding Judge having intimated his opinion that upon their own evidence the plaintiffs were not entitled to recover, the plaintiffs submitted to a non-suit, and appealed to the Supreme Court.

Messrs. J. A. Williamson and A. E. Holton, for the plaintiffs .

Messrs. C. B. Watson and W. B. Glenn, for the defendant ...