Carson v. . Carson

Citations

• 30 S.E. 4
• 122 N.C. 645
• 1898 N.C. LEXIS 322

Syllabus

<p>Tenants in Common — Husband and Wife — Limitations — Title — Color of Title — Estoppel.</p> <p>1. Where A, a married woman, inherited part of a tract of land and her husband acquired title to another undivided part of the same tract, and both lived upon the tract until the death of the wife, who had no children, and the husband married again and died leaving a widow; Held, that the statute of limitations did not run against A during her life and her heirs, becoming tenants in common with her husband, were not barred of their action brought within twenty years from her death. - >. •'</p> <p>2. Where several persons inherited land which was divided into three . tracts and deeds were exchanged so as to vest title in severalty, and in the conveyance of one tract.to husband and wife the deed was made in the name of the husband; Held, that the wife’s interest, having vested by descent, was not divested by the conveyance to the husband, she not joining in the'deed.</p> <p>3. A deed by heirs to land, which the wife inherited, being made to the husband alone could not be color of title since it did not convey the wife’s interest.</p> <p>4. Where tenants in common by inheritance divided the same and exchanged deeds so as to hold their interests in severalty, and one of the heirs died whose interest'descended to the others; Held, that the survivors were not estopped-by their deed from asserting . • their claim as heirs since it only released their interest as tenants in common.</p>