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618 IN THE COURT OF APPEALS [I9
Collier v. Welker
Plaintiffs' evidence tended to show the following. Benjamin
Parker, Ethel Parker, Charles Parker and Mary Novia Parker
were the owners of a farm which included a forty-acre tract. In
1949, Charles and Ethel Parker conveyed their respective one-fourth
interests in the forty-acre tract to Benjamin Parker. The
owner of the remaining one-fourth interest, Mary Novia Parker,
was incompetent, and, by deed dated 13 December 1950, her
guardian conveyed her one-fourth interest to defendant Clay
Welker. Later in December of 1950, Benjamin Parker conveyed
his three-fourths interest in a portion of the forty-acre tract to
Welker, and that part of the tract is not the subject of this law
suit.
In 1963, Benjamin Parker purported to convey the entire
interest in the remainder of the forty-acre tract (amounting to
some 32 acres and being the subject of this suit) to J. Ralph
Hobbs, although he only owned a three-fourths interest in the
tract, the defendant Welker owning the remaining one-fourth.
Benjamin Parker died in 1964. In 1966, Hobbs purportedly con-veyed
the whole interest in the tract to plaintiffs.
The property in dispute fronts to the South on Alamance
Church Road. The property shares its western border with an-other
tract owned by the Parker family, known as Ethel Parker's
Place. The property had belonged to the Parker family for many
years. From 1950 to 1955, Benjamin Parker had used part of
the disputed property to produce tobacco, vegetables, including
corn, and grain, and he had also harvested and sold timber from
the land. From 1955 to 1959, Charles Parker farmed part of the
property and had continued to produce crops similar to those
Benjamin Parker had cultivated, From 1950 to 1963, David
Hodgin sharecropped on part of the Parker property not culti-vated
by Benjamin Parker or Charles Parker. He continued to
rent the property and farm it after it was transferred to Hobbs
in 1963 and finally to Collier in 1966. During the 1950's and
early 1960's, several families had intermittently rented an old
house located on the disputed property from Benjamin Parker,
and after 1966, the windows and doors were repaired and the
house used for storage through 1970.
Collier testified that in June 1970, he began building a home
on the property. The house was completed in September 1971.
On 10 August 1970, plaintiff received a letter from Welker's
attorney advising that Welker claimed a one-fourth undivided
interest in the property. At this time, the exterior of the house
Object Description
| Title | North Carolina Court of Appeals Reports [v.019, Spring Session 1973 - Fall Session Session 1973] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 19, Spring Session 1973 - Fall Session Session 1973. Cited as 19 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 37.5 MB; 848 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_019.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 642 |
| Full Text | 618 IN THE COURT OF APPEALS [I9 Collier v. Welker Plaintiffs' evidence tended to show the following. Benjamin Parker, Ethel Parker, Charles Parker and Mary Novia Parker were the owners of a farm which included a forty-acre tract. In 1949, Charles and Ethel Parker conveyed their respective one-fourth interests in the forty-acre tract to Benjamin Parker. The owner of the remaining one-fourth interest, Mary Novia Parker, was incompetent, and, by deed dated 13 December 1950, her guardian conveyed her one-fourth interest to defendant Clay Welker. Later in December of 1950, Benjamin Parker conveyed his three-fourths interest in a portion of the forty-acre tract to Welker, and that part of the tract is not the subject of this law suit. In 1963, Benjamin Parker purported to convey the entire interest in the remainder of the forty-acre tract (amounting to some 32 acres and being the subject of this suit) to J. Ralph Hobbs, although he only owned a three-fourths interest in the tract, the defendant Welker owning the remaining one-fourth. Benjamin Parker died in 1964. In 1966, Hobbs purportedly con-veyed the whole interest in the tract to plaintiffs. The property in dispute fronts to the South on Alamance Church Road. The property shares its western border with an-other tract owned by the Parker family, known as Ethel Parker's Place. The property had belonged to the Parker family for many years. From 1950 to 1955, Benjamin Parker had used part of the disputed property to produce tobacco, vegetables, including corn, and grain, and he had also harvested and sold timber from the land. From 1955 to 1959, Charles Parker farmed part of the property and had continued to produce crops similar to those Benjamin Parker had cultivated, From 1950 to 1963, David Hodgin sharecropped on part of the Parker property not culti-vated by Benjamin Parker or Charles Parker. He continued to rent the property and farm it after it was transferred to Hobbs in 1963 and finally to Collier in 1966. During the 1950's and early 1960's, several families had intermittently rented an old house located on the disputed property from Benjamin Parker, and after 1966, the windows and doors were repaired and the house used for storage through 1970. Collier testified that in June 1970, he began building a home on the property. The house was completed in September 1971. On 10 August 1970, plaintiff received a letter from Welker's attorney advising that Welker claimed a one-fourth undivided interest in the property. At this time, the exterior of the house |
