Vickers v. . Leigh
Supreme Court of North Carolina
Deed, Correction of — Evidence. This was a civil aotioN, tried at the June Term, 1889, of the Superior Court of Durham County, before Bynum, J. The plaintiffs’ assignor, John Hinton Ellis, was the son of one Nathan Ellis, and the plaintiffs are the heirs at law of Anne Maria Vickers, a daughter of Nathan Ellis, through whom both parties claim title.
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Deed, Correction of — Evidence. This was a civil aotioN, tried at the June Term, 1889, of the Superior Court of Durham County, before Bynum, J. The plaintiffs’ assignor, John Hinton Ellis, was the son of one Nathan Ellis, and the plaintiffs are the heirs at law of Anne Maria Vickers, a daughter of Nathan Ellis, through whom both parties claim title. The plaintiffs alleged, that the word “heirs” was, by mistake, omitted from a deed executed by said Nathan Ellis to his children, the said Anne Maria and John Hinton Ellis, dated February 16, 1824, and asked judgment that said deed be reformed.…
1Opinion of the CourtAvery, J.
— after stating the facts: The trend of judicial decisions for years has been toward relaxing the rigor of the common law rule, that, without words of inheritance, no estate of greater dignity than for life could be created by deed. While devises were held, after the statute of wills, to be but a species of alienation, the Courts construed them more liberally than deeds, and where, without the use of the -word “ heirs,” as by inserting the word “ forever,” the testator indicated an intent to pass an estate in fee, it was held, on the ground that testators were generally inops consilii, that…
2Cases cited3 opinions
- Phillips v. . Davis .Supreme Court of North Carolina · 1873
- Hansard v. SharpTennessee Supreme Court · 1850
- Hodges v. . FleetwoodSupreme Court of North Carolina · 1889
3Cited by33 opinions
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Brewer v. RingSupreme Court of North Carolina · 1919
- Beacom v. AmosSupreme Court of North Carolina · 1913
- Everett v. . NewtonSupreme Court of North Carolina · 1896
- Brewer v. . Ring and ValkSupreme Court of North Carolina · 1919
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