Doe Ex Dem. Armfield v. Walker
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Guilford County, at the Spring Term, 1845, his Honor Judge Caldwell presiding. This was an action of ejectment, in which both parties claimed under one Josiah Unthanlt, The plaintiff, in order to shew title in himself, offered in evidence a decree of the Supreme Court, made at December Term, 1833, in the case of Redmond and others v. the said Unthank and others, with sundry fi. fa's, and vend. exponas1 s issuing thereon, all duly…
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Appeal from the Superior Court of Law of Guilford County, at the Spring Term, 1845, his Honor Judge Caldwell presiding. This was an action of ejectment, in which both parties claimed under one Josiah Unthanlt, The plaintiff, in order to shew title in himself, offered in evidence a decree of the Supreme Court, made at December Term, 1833, in the case of Redmond and others v. the said Unthank and others, with sundry fi. fa's, and vend. exponas1 s issuing thereon, all duly certified. This evidence was objected to by the defendant’s counsel, on the ground that it ought to have been aceom-panied…
1Opinion of the CourtDaniel, J.
The Judge, on the trial of this cause, was of opinion, that the deed from Unthank to Saunders conveyed but a life estate in the land; and that the clause, “ I will forever warrant and defend for me and my heirs and every other person, unto Jesse Saunders and his heirs, to have and to hold with all its (the land’s) profits and advantages appertaining,” was to be construed only as as a covenant of warranty of the title and quiet enjoyment to Jesse Saunders and his heirs of the land described in the preceding part of the deed; and that this case was, therefore, within the meaning of the cases of…
2Cited by6 opinions
- Carolina Real Estate Co. v. BlandSupreme Court of North Carolina · 1910
- NEW HOME BUILDING SUPPLY COMPANY v. NationsSupreme Court of North Carolina · 1963
- Pope v. BurgessSupreme Court of North Carolina · 1949
- Whichard v. WhitehurstSupreme Court of North Carolina · 1921
- Whichard v. . WhitehurstSupreme Court of North Carolina · 1921
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