Champion Ex Parte
Supreme Court of North Carolina
• Undee. a petition filed in the Court of Equity for Cleaveland by the heirs at law of one George Champion for a sale and partition of his real estate, Richard Champion, one of the heirs, became the purchaser of two tracts of land at the price of $1,875, for which sum he gave his bonds to the Clerk and Master ; but he died before the same were paid.
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• Undee. a petition filed in the Court of Equity for Cleaveland by the heirs at law of one George Champion for a sale and partition of his real estate, Richard Champion, one of the heirs, became the purchaser of two tracts of land at the price of $1,875, for which sum he gave his bonds to the Clerk and Master ; but he died before the same were paid. At Fall Term, 1852, there was a reference to the Master to inquire and report, among other things, “ as to who were the heirs of Richard Champion, and whether he devised the said lands (so by bipi purchased) to any person and to whom, and from…
1Opinion of the CourtPearson, J.
The first section of the Act of Í844, changes a well settled tule of law, and allows lands, and all interest in real estate to pass by a devise although acquired subsequently to the execution thereof. The second section changes another well settled rule, and provides that no conveyances, after the execution of a devise shall prevent whatever interest the devisor may have, at the time of his death, from passing. The third section changes another, and provides that devises shall be construed to speak and take effect as if executed, not at the time of execution, but as if executed immediately…
2Cited by6 opinions
- Ferguson v. . FergusonSupreme Court of North Carolina · 1945
- Hines v. . MercerSupreme Court of North Carolina · 1899
- Brown v. Hamilton.Supreme Court of North Carolina · 1904
- Capehart v. . BurrusSupreme Court of North Carolina · 1898
- Capehart v. . BurrusSupreme Court of North Carolina · 1898
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