Morehead v. Harris Book Reviews

Morehead v. Harris by Court of Appeals of North Carolina No. 6918SC15 Book Summary

For a full statement of the facts giving rise to this case, reference is made to the opinions of the Supreme Court rendered on the previous appeals and reported in 255 N.C. 130, 120 S.E.2d 425, and in 262 N.C. 330, 137 S.E.2d 174. Insofar as pertinent to the present appeal, the facts may be succinctly stated as follows: In 1927 Wiley Harris, the owner of an 11/12 undivided interest in a tract of land in Guilford County, N.C. executed a deed of trust conveying a 5/6 undivided interest in said land to a trustee to secure a debt. He died intestate on 3 May 1933 and his widow, Daisy Harris, qualified as administratrix of his estate on 31 May 1933 in the office of the clerk of Superior Court of Guilford County, and thereafter she acted in that capacity. The debt being unpaid, the trustee foreclosed under the power of sale contained in the deed of trust. At the foreclosure sale on 26 August 1933 the widow, Daisy Harris, who had only a dower interest in the property, was the last and highest bidder. As a result of this foreclosure sale the trustee conveyed the 5/6 undivided interest in the land to Daisy Harris by deed dated 8 September 1933, acknowledged 12 September 1933, filed for registration at 4:55 p.m. on 14 September 1933, and duly recorded in the office of the Register of Deeds of Guilford County. On 1 June 1946 Daisy Harris deeded a portion of the land to Grace Construction Company, purporting to convey the fee clear of any outstanding interest. On 5 May 1947 Grace Construction Company deeded this portion of the land to defendants Boquist and Hooper, who thereafter through their agent had it drained and graded and occasionally had it mowed and cleared of rubbish. Defendants leased to Greensboro Broadcasting Company an unpaved road or right of way over the land for ingress and egress to and from a radio tower situated on adjacent property, collected the rents, and paid taxes. Daisy Harris died in 1960, after the commencement of this action, without any allotment of her dower ever having been made. The plaintiffs are heirs at law of Wiley Harris, being his children or descendants of his children by his first marriage.

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