Truelove v. Parker
| Decision Date | 24 March 1926 |
| Docket Number | 102. |
| Parties | TRUELOVE et al. v. PARKER et al. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Harnett County; Devin, Judge.
Controversy without action under C. S. § 626, brought by Lalah M Truelove and others against Lizzie Parker and others, to determine the title to certain land. From the judgment plaintiffs and certain of the defendants appeal. Error. Controversy without action (C. S. 626) to determine the title to land and to remove a cloud from title, submitted upon the following statement of facts agreed:
(1) On or about the 20th day of July, 1912, John A. Weathers filed with the clerk of superior court of Harnett county a writing purporting to be a petition for the adoption of Irma Johnson, for life, a copy of which is hereto attached and marked Exhibit A. And on July 26, 1912, the clerk of superior court entered an order purporting to be an order of adoption, and issued letters of adoption, of which order and letters a copy is attached hereto and marked Exhibit B. The exhibits constitute all the proceedings in said case. After the adoption proceedings, Irma Johnson lived in the home with John A. Weathers and his wife, and was thereafter known as Irma Johnson Weathers, until the death of the said John A. Weathers and his wife.
(2) Thereafter, on or about the 6th day of April, 1922, the said John A. Weathers died intestate, and at the time of his death was seized and possessed in fee of the lands described in paragraph 6 of the complaint of Lalah M. Truelove and others therein.
(3) At the time of his death the said John A. Weathers left surviving him Irma Johnson Weathers, the adopted daughter. He also left surviving him the plaintiffs Lalah M. Truelove, Corrina Blalock, Vallie Weathers, Hepsie A. Holt, Frances Rosser, the heirs of Bettie Lawrence, and the heirs of Nannie Gunter, of whom Lalah M. Truelove, Corrina Blalock, Vallie Weathers, and Nannie Gunter were full sisters of the said John A. Weathers, and the said Hepsie A. Holt, Bettie Lawrence, and Frances Rosser were half sisters of the said John A. Weathers, and left surviving him no child or issue of any child save and except that he was survived by the said Irma Johnson Weathers.
(4) Shortly thereafter Irma Johnson Weathers died intestate, leaving surviving her Minnie Parker and Lucian Johnson, her natural mother and father, Haze Johnson, her whole brother, Lizzie Parker and Frances Parker, her half sisters, and Ernest Parker, a half brother-all parties to this action.
(5) After the birth of Haze Johnson and Irma Johnson Weathers, Lucian Johnson and his wife, Minnie Rollins Johnson separated themselves from each other, and never lived together again, and never obtained a divorce. And, after the said separation, Minnie Rollins Johnson associated herself with Frank Parker without a legal marriage, and to that association were born the half sisters Lizzie Parker and Frances Parker and the half brother, Ernest Parker, who are the children of Minnie Parker and Frank Parker, neither of whom are of the blood of John A Weathers or in any way related to him by blood.
(6) The defendant Haze Johnson, since this suit has been instituted, by regular warranty deed of conveyance conveyed all of the land described herein to the defendant Victor R. Johnson, and the defendant Victor R. Johnson has by regular deed of conveyance conveyed two-thirds undivided interest in the said land to the defendant C. W. Sandrock-all parties of this suit.
Claims of the parties:
(1) The defendant Victor R. Johnson claims title to one-third undivided interest in the land described herein, and the defendant C. W. Sandrock claims title to two-thirds undivided interest in the said land under the deed from Haze Johnson, the nearest collateral relative to the intestate, Irma Johnson Weathers.
(2) The defendants Lizzie Parker, Frances Parker, and Ernest Parker claim title to three-fourths of the land, as collateral heirs to Irma Johnson Weathers.
(3) The parties hereto, Lucian Johnson and Minnie Parker, claim title to the land as tenants in common, as the sole successors to the title of Irma Johnson Weathers.
(4) Lalah M. Truelove and the other brothers and sisters, and their legal representatives, who are parties hereto, claim title to the land by reason of their collateral inheritance from John A. Weathers.
Exhibit A is as follows:
J. A. Weathers v. L. J. Johnson and Martha Johnson.
The petition of J. A. Weathers, of said county and state, respectfully showeth:
(1) That Irma Johnson is a female child of the age of five years, and is at present residing with the said J. A. Weathers of said county.
(2) That L. J. Johnson and Martha Johnson, father and mother of the child, are living.
(3) That Martha Johnson, mother of the child, has been living away from her husband and child for the past two years, and takes no interest whatever in said child.
(4) That L. J. Johnson, father of the child, is not capable of properly providing for said child, and gives his consent to the adoption of said child by said J. A. Weathers.
(5) That the said child has no estate of any kind, either real, personal, or mixed, and is entirely dependent on said J. A. Weathers, with whom the said child now resides.
(6) The petitioner desires to adopt the said child for life, to which adoption L. J. Johnson, father of the child, consents.
Wherefore, the petitioner prays that he may be allowed to adopt the said child for the life of said child, and that letters of adoption may be granted him by the court.
J. A. Weathers, Petitioner.
This 26th day of July, 1912."
Exhibit B is as follows:
It is therefore ordered and adjudged by the court that letters of adoption be, and the same are hereby, granted to the said J. A. Weathers, to the end that the relations of parent and child be established for life between the said J. A. Weathers and the said Irma Johnson, with all the duties, powers, and rights belonging to the relationship of parent and child.
F. H. Taylor, Clerk Superior Court.
This 26th day of July, 1912."
North Carolina -Harnett County Superior Court.
"Letters of Adoption.
State of North Carolina, to All to Whom TheseShall Come-- Greeting:
"J. A. Weathers, having applied by petition to the undersigned clerk of the superior court of Harnett county for the adoption of Irma Johnson, a female child for life, and the said J. A. Weathers having satisfied the undersigned that he is a suitable person to have charge of said child, and an order of court having been made granting the petition of said J. A. Weathers,
These are therefore to authorize and empower the said __________ to take charge of the said orphan for life, to the end that the relationship of parent and child may be fully established between said J. A. Weathers and said Irma Johnson, a female child, agreeably to an order made by the court.
Witness my hand and official seal, this 26th day of July, 1912.
F. H. Taylor, Clerk Superior Court."
His honor was of opinion that upon the death of John A. Weathers the land in controversy descended to Irma Johnson Weathers, and upon her death to her brother Haze Johnson as her only heir at law, and thereupon it was adjudged that by the conveyance of Haze Johnson to Victor R. Johnson, and by the latter's conveyance of a two-third interest to Sandrock, the title passed to Victor R. Johnson and Sandrock in the proportion of one-third and two-thirds respectively, as set out in the statement of facts, and that they are the owners and entitled to the possession of the land. The plaintiffs and all the defendants, except Haze Johnson, Victor R. Johnson, and C. W. Sandrock, excepted and appealed.
Seawell & McPherson and Teague & Teague, all of Sanford, for Lalah Truelove and others.
W. P. Byrd, of Lillington, and W. P. Aycock, of Selma, for Minnie Parker.
J. Elmer Long, of Durham, and Young & Young, of Dunn, for Lucian J. Johnson.
W. S. Lockhart, of Durham, for Victor R. Johnson.
Rose & Lyon, of Fayetteville, for C. W. Sandrock.
On July 26, 1912, the clerk of the superior court of Harnett county issued letters of adoption purporting to establish the relation of parent and child between John A. Weathers and Irma Johnson, who at that time was five years of age. Thereafter Irma lived in the home of Weathers and his wife and was known as Irma Johnson Weathers. John A. Weathers died intestate on April 6, 1922, seized of about 800 acres of land. He left no issue, but Irma's death occurred a few hours after his. He was survived also by the plaintiffs, who are his brothers and sisters. Irma was survived by her father and mother, one illegitimate half-brother, two illegitimate half-sisters, and one whole brother, Haze Johnson, whose interest in the land, if any, has passed by conveyances to Victor R. John-Johnson and C. W. Sandrock. All these are parties to the action, and represent the...
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