Allen v. . Bowen
Supreme Court of North Carolina
Civil actioN in the nature of Itjeotment, tried before his. Honor Judge Moore, at Fall Term, 1875, of the Superior Court of "Washingtok county.
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Civil actioN in the nature of Itjeotment, tried before his. Honor Judge Moore, at Fall Term, 1875, of the Superior Court of "Washingtok county. The following are the facts, as agreed- upon and sent up , aa a part of the record, upon appeal to this court: The only question involved arose upon the construction of a deed dated the 16th day of October, 1846, between Thomas A. Pritchett and Elizabeth Pritchett, his wife, of the first part, and William Bowens, Sen., of the second part. By said deed Pritchett and his wife, in consideration of the sum of one hundred and twenty .five dollars paid by…
1Opinion of the CourtBymtom, J.
Thé intent to convey the fee simple is clearly 'Expressed and is not denied, and the only question submitted for our decision is, whether the deed conveys a fee simple, as •was intended, or only a life estate. It is the duty of the -court to give the deed such a construction as will carry out the intent of the parties to it, if it can be done according to •the rules of construction which have been adopted by the •court. The facts of the case are so like Phillips and wife v. Thompson and wife, 73 N. C. Rep., 543, that it is only necessary to refer to that cáse as governing our decision in…
2Cases cited2 opinions
- Phillips v. . Davis .Supreme Court of North Carolina · 1873
- Phillips and Wife v. . Thompson and Wife .Supreme Court of North Carolina · 1875
3Cited by10 opinions
- Staton v. . MullisSupreme Court of North Carolina · 1885
- Carolina Real Estate Co. v. BlandSupreme Court of North Carolina · 1910
- Lee v. BarefootSupreme Court of North Carolina · 1928
- Bunn v. . WellsSupreme Court of North Carolina · 1886
- Lee v. . BarefootSupreme Court of North Carolina · 1928
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