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2 N.C. 115

Clayton v. Markham

Supreme Court of North Carolina

Decided January 15, 1815

Supreme Court of North Carolina · decided 1815-01-15

This is an action of ejectment to recover a tract of land to which the plaintiffs claim title in the following words, viz. Anthony Markham, who was seised and possessed in fee of the premises in dispute, by deed with warranty, conveyed to John Pointer, in 1757—John Pointer died about the year 1783, and the plaintiff is his heir at law.

Decided 1815-01-15

Seawell, J.

¶1delivered the judgment of the court.

¶2The plaintiffs in this case claim title, as heirs of Pointer; and it appears from the case, that Pointer conveyed in his lifetime to Stephenson. If, therefore, Pointer ever had any interest, having conveyed it, nothing was left to descend to his heirs.

¶3The repayment of the purchase money can have no influence on the case: it can in no respect operate as a re-conveyance of the legal estate of lands. Wherefore, we are all of opinion there should be judgment for the defendant.

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