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17 S.C.L. 427

Scanlan v. Porter

Court of Appeals of North Carolina

Decided February 15, 1830

Court of Appeals of North Carolina · decided 1830-02-15

Tried before Mr. Justice O’Neall, at Coosawhatchie, Spring Terna, 1829. This was an action of trespass to try titles, in which the fol lowing facts were found by special verdict. Held: that the limitation over was de-fcated by the devisee’s attaining the age of twenty-one, although he afterwards died without issue. But then, it is urged, it was also decided, that the estate reverted to the heir at law of the testator. This was obviously the only course the estate could take.

Decided 1830-02-15

Colcock, J.

¶1delivered the opinion of the Court.

¶2This motion arises out of exceptions to the opinion of the presiding Judge, on the questions raised by the special verdict. This Court concurs with him, in his views upon those questions ; and the motion is, therefore, dismissed.

Johnson, J. and Richardson, J. concurred.

¶3Motion refused.

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