Smith v. Proctor.
Supreme Court of North Carolina
ActioN by Mattie Lee Smith and others against Nancy Proctor and others, heard by Judge W. B. Allen upon an agreed statement of facts, at the June (Special) Term, 1905, of the Superior Court of Nash County.
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ActioN by Mattie Lee Smith and others against Nancy Proctor and others, heard by Judge W. B. Allen upon an agreed statement of facts, at the June (Special) Term, 1905, of the Superior Court of Nash County. The facts pertinent to the questions involved are as follows: In 1867 Isaac Sessums, being seized and possessed of an undivided tract of land in Nash County, containing 150 acres, undertook to convey same to B. H. Sorsby, Sr., trustee, by two deeds, for the purposes therein set forth; the first deed in the portion material to the controversy being as follows: “This indenture, made and…
1Opinion of the Court
HoKE, J.,
after stating the facts: The two deeds from Isaac Sessums to the trustee were evidently executed with the design and purpose of conveying the entire tract of 150 acres. The case agreed, in effect, so states.
The second deed, however, is sufficiently definite and comprehensive under certain circumstances to embrace the entire tract of land “known as the place where Thomas Hunt formerly resided,” giving also the county and adjoining lands. And if, as defendants contend, the first deed which was made in the effort to cut off forty acres from the land, is void because too vague and…
2Cases cited7 opinions
- Ware v. RichardsonCourt of Appeals of Maryland · 1853
- Vickers v. . LeighSupreme Court of North Carolina · 1889
- Helms v. . AustinSupreme Court of North Carolina · 1895
- Holmes v. . HolmesSupreme Court of North Carolina · 1882
- King v. . RhewSupreme Court of North Carolina · 1891
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3Cited by65 opinions
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- Eason v. SpenceSupreme Court of North Carolina · 1950
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