Wilkins v. Norman
Supreme Court of North Carolina
AotioN by L. Wilkins and others against Anna Norman, beard by Judge G. IF. Ward, upon the pleadings and agreed facts, at the July Special Term of the Superior Court of WasiiingtoN County. Benj. Pbelps on October % 1872, executed a deed conveying the land in controversy to Berrick Norman.
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AotioN by L. Wilkins and others against Anna Norman, beard by Judge G. IF. Ward, upon the pleadings and agreed facts, at the July Special Term of the Superior Court of WasiiingtoN County. Benj. Pbelps on October % 1872, executed a deed conveying the land in controversy to Berrick Norman. Following the recital of the consideration, etc., the deed contains the usual operative words of conveyance, “unto the said Berrick Norman, to him and his heirs and assigns forever,” etc., etc. To have and to hold the said land and premises above described * * to him the said Berrick Norman, to him, his heirs…
1Opinion of the Court
CoNNOR, J.,
after stating the case: We concur with His Honor. The entire estate, in unmistakable terms, is given the grantee both in the premises and the habendum. The warranty is in harmony with the preceding parts of the deed; following the warranty there is introduced two entirely new clauses, both repugnant to the estate and interest conveyed. It is sought to make the wife of the grantee a tenant in common and limit the estate to the life of the grantee and his said wife and the survivor, giving, by way of remainder,, the fee which had already been conveyed to the grantee, to the…
2Cases cited5 opinions
- Rowland v. . RowlandSupreme Court of North Carolina · 1885
- Leathers v. . GraySupreme Court of North Carolina · 1888
- Hafner v. . IrwinSupreme Court of North Carolina · 1838
- Blackwell v. . BlackwellSupreme Court of North Carolina · 1899
- Blair v. . OsborneSupreme Court of North Carolina · 1881
3Cited by25 opinions
- Bryant v. . ShieldsSupreme Court of North Carolina · 1942
- Dickson v. Van HooseSupreme Court of Alabama · 1908
- Artis v. . ArtisSupreme Court of North Carolina · 1948
- Bryant v. ShieldsSupreme Court of North Carolina · 1942
- McCallum v. . McCallumSupreme Court of North Carolina · 1914
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