Edwards v. Batts

Bobbitt, .1.

Decision must be based on the relevant facts alleged by plaintiffs. Pressly v. Walker, 238 N.C. 732, 78 S.E. 2d 920. Plaintiffs’ conclusions of law are not admitted by the demurrers. McKinney v. High Point, 237 N.C. 66, 74 S.E. 2d 440.

A deed to husband and wife, nothing else appearing, vests the title in them as tenants by entirety. Byrd v. Patterson, 229 N.C. 156, 48 S.E. 2d 45, and cases cited. Upon the death of husband or wife, the survivor becomes the sole owner by virtue of the deed creating the tenancy by entirety. Woolard v. Smith, 244 N.C. 489, 493, 94 S.E. 2d 466, and…