Brown v. . Brown
Supreme Court of North Carolina
Appeal by plaintiff from Bond, J., at June Term, 1914, of Edge-combe. This is an action to recover the possession of land, and depends for its decision upon the construction of certain deeds and the evidence as to the possession of defendants and those under whom they claim, the nature .of which will fully appear by reference to the verdict and charge of the court, which are herein set out.
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Appeal by plaintiff from Bond, J., at June Term, 1914, of Edge-combe. This is an action to recover the possession of land, and depends for its decision upon the construction of certain deeds and the evidence as to the possession of defendants and those under whom they claim, the nature .of which will fully appear by reference to the verdict and charge of the court, which are herein set out. On 9 March, 1869, Littleberry Brown, common ancestor of plaintiffs and defendants, made a deed to his two sons, Gray L. and Joseph II., by which he conveyed a tract of land, of which the land in…
1Opinion of the Court
Walker, J.,
after stating the case: We have well-nigh discarded the technical rule of the common law by which a deed was construed, and under which undue prominence and effect had been given to its formal parts and their position in- the instrument, to the sacrifice of the real intention of the grantor, and further, by which too much importance was attached to the use of technical language in which the meaning and intention were clothed, all of which resulted in defeating the purpose for which the deed was executed. We have gradually enlarged our view and liberalized our methods, which before…
2Cases cited22 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Gudger v. White.Supreme Court of North Carolina · 1906
- Puckett v. . MorganSupreme Court of North Carolina · 1912
17 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Bryant v. . ShieldsSupreme Court of North Carolina · 1942
- Bryant v. ShieldsSupreme Court of North Carolina · 1942
- Reed v. ElmoreSupreme Court of North Carolina · 1957
- Pugh v. . AllenSupreme Court of North Carolina · 1920
- Seawell v. . HallSupreme Court of North Carolina · 1923
22 more not listed; retrieve them via the Exa API.