{
  "id": 8629289,
  "name": "MARY JANE WALKER and L. N. WALKER v. APPOLLAS OWENS AND MARVIN ROBERTSON",
  "name_abbreviation": "Walker v. Owens",
  "decision_date": "1929-09-11",
  "docket_number": "",
  "first_page": "412",
  "last_page": "413",
  "citations": [
    {
      "type": "official",
      "cite": "197 N.C. 412"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "44 S. E., 369",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "132 N. C., 686",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8660943
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/132/0686-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 177,
    "char_count": 2374,
    "ocr_confidence": 0.467,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.2073144032721599
    },
    "sha256": "5d64048c9c6fa32c1c89cb469213fd95086620c3951ab97eb241157bf9cf41c6",
    "simhash": "1:8f81efea99375baa",
    "word_count": 402
  },
  "last_updated": "2023-07-14T16:27:44.780576+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "MARY JANE WALKER and L. N. WALKER v. APPOLLAS OWENS AND MARVIN ROBERTSON."
    ],
    "opinions": [
      {
        "text": "Stacy, C. J.\nTbe paper-writing in question was properly excluded as evidence. It is not a deed, for it contains no apt words of conveyance, and is not under seal. Fisher v. Owens, 132 N. C., 686, 44 S. E., 369. It is not a will, nor was it offered as sucb for probate. Neither is it a lease or contract specifically enforceable. It conveys no interest to A. A. Owens who claims a life estate in the property under said instrument.\nNo error.",
        "type": "majority",
        "author": "Stacy, C. J."
      }
    ],
    "attorneys": [
      "Chester Morris and Eh\u00f1nghaus & Hall for plaintiffs.",
      "Thos. J. Marhham for defendants."
    ],
    "corrections": "",
    "head_matter": "MARY JANE WALKER and L. N. WALKER v. APPOLLAS OWENS AND MARVIN ROBERTSON.\n(Filed 11 September, 1929.)\nEjectment O b \u2014 Paper-writing which is not deed, will, lease, nor contract specifically enforceable is inadmissible as evidence in ejectment.\nA paper-writing expressing that the deceased signer is to let O. have certain described property at the signer\u2019s death, O. to keep all buildings in good condition, and at the death of O. \u201cthis property goes back\u201d to the signer\u2019s estate is inoperative as a deed, as it contains no apt word of conveyance and not being under seal, or as a will or as a lease or contract specifically enforceable, and will not be received in evidence in an action, in ejectment.\nAppeal by defendants from Cowper, Special Judge, at April Term, 1929, of Cubeituck.\nCivil action in ejectment.\nIt is admitted tbat both parties claim title to tbe land in controversy nnder Jordan Poyner, deceased. Tbe plaintiffs offered evidence of a fee-simple title in themselves and rested. Tbe defendants then offered tbe following paper-writing, registered in Book 25, page 63, of tbe registry of Currituck County, as tbe only evidence of their right to bold tbe property during tbe life of A. A. Owens:\n\u201cFeb. 10th, 1922. This is to certify tbat I, Jordan Poyner, am to let A. A. Owens have tbe following property at my death. (Description, not in dispute.) A. A. Owens is to keep all buildings in good condition. At bis death this property goes back to Jordan Poyner\u2019s estate.\n(Signed) Jordan Poyner.\u201d\nObjection having been made, tbe instrument was excluded on tbe ground tbat it conveys no title to tbe land described therein. Exception by tbe defendants.\nVerdict and judgment in favor of plaintiffs, from which tbe defendants appeal, assigning as error 'the ex^\u00e1\u00fcsicir-cx-tliujjaper-writing offered by them as evidence of their title. '\nChester Morris and Eh\u00f1nghaus & Hall for plaintiffs.\nThos. J. Marhham for defendants."
  },
  "file_name": "0412-01",
  "first_page_order": 476,
  "last_page_order": 477
}