Williams v. . Scott

Citations

• 29 S.E. 877
• 122 N.C. 545
• 1898 N.C. LEXIS 299

Syllabus

<p>Action to Recover Land — Bankruptcy—Homestead— Reversionary Interest — Decree—Collateral Attack— Color of Title — Statute of Limitations — Adverse Possession.</p> <p>1. A sale by the assignee in bankruptcy of the reversionary interest in land which had been listed by the bankrupt in his inventory as subject to his homestead, previously allotted, carries the title to the purchaser subject to the homestead estate therein.</p> <p>2. Where a bankrupt in his petition and schedules declared that his homestead had been allotted to him, mentioning the date of the allotment and the names of the appraisers, a claim to the land by his heir by descent, and a contention by her that there was no evidence that the homestead had been legally allotted, are inconsistent.</p> <p>3. Where the record of the proceedings in bankruptcy is made out according to the requirements of law, and is sufficiently authenticated, the decree of the District Court therein is not subject to collateral attack, and, not having been appealed from, is binding on the State Courts and upon the bankrupt and all persons claiming under him.</p> <p>4. There can be no color of title without some paper writing attempting to convey title, but which does not do it either because of want of title in the person making it or because of the defective mode of conveyance used; and, semble, that under the Act of 1891 it must not be so plainly and obviously defective that a man of ordinary capacity could be misled by it.</p> <p>5. The 10 years statute of limitations (Section 158 of The Code), does not apply to defendants in ejectment who claim the land by adverse possession, where they have recognized plaintiff’s claim and title thereto within that time.</p>