Full text
L. R. LEE and Wife, ALLIE C. LEE, Et Al. v. N. M. JOHNSON as an Individual, and Trading as the JOHNSON COTTON COMPANY, and Wife, BESSIE JOHNSON, T. H. SANSOM, Trustee, and E. A. TART and Wife, ALMETA TART
Per Curiam.
The defendant Johnson, ostensible owner of a fee simple title, having conveyed the locus in quo to an innocent purchaser for value, plaintiffs’ only remedy is by action for damages for the wrongful alienation and conversion of their land by the defendant Johnson. This action was instituted more than five years after the wrongful conversion. The ruling of the court below is sustained by Davis v. Doggett, 212 N. C., 589, 194 S. E., 288. See also Ferguson v. Blanchard, 220 N. C., 1, 16 S. E. (2d), 414, and Massengill v. Oliver, 221 N. C., 132.
The judgment below is
Affirmed.