Broadhurst v. . Mewborn
Supreme Court of North Carolina
CONTROVERSY submitted without action and tried before Bond, J., at February Term, 1916; of Lenoir. On the hearing it was properly made to appear that plaintiff had contracted to convey to defendant, for $2,500, the undivided interest of Annie Whitaker Broadhurst in a house and lot in the city of Kinston, N. C., or her equitable claim to the proceeds of sale of said house and lot, if this be the nature of their interest, said plaintiff being the same Annie Whitaker Broadhurst…
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CONTROVERSY submitted without action and tried before Bond, J., at February Term, 1916; of Lenoir. On the hearing it was properly made to appear that plaintiff had contracted to convey to defendant, for $2,500, the undivided interest of Annie Whitaker Broadhurst in a house and lot in the city of Kinston, N. C., or her equitable claim to the proceeds of sale of said house and lot, if this be the nature of their interest, said plaintiff being the same Annie Whitaker Broadhurst referred to in the second item of the will of Martha J. Stanley, deceased, and under which the interest of said…
1Opinion of the CourtHoke, J.
The devise of a “house,” when referring, as in this case, to the dwelling-house of the owner, has been held the equivalent of the word messuage, and, in the absence of some term or clause restrictive of its meaning, it is said to convey the lot on which the dwelling is situate, together with the outbuildings customarily used by the owner as a part of his residence. Wise v. Wheeler, 28 N. C., 196; Common Council v. State ex re, 5 Ind., 334; Sparks v. Hess, 15 Cal., 187; Riddle v. Little field, 53 N. H., 503; Bacon v. Bowdoin, 39 Mass., 401; Rodgers v. Smith, 4 Pa. St., 93; Board of Education…
2Cases cited13 opinions
- Common Council of Richmond v. State ex rel. MendenhallIndiana Supreme Court · 1854
- Council v. . AverettSupreme Court of North Carolina · 1886
- Den Ex Dem. Ferebee v. ProcterSupreme Court of North Carolina · 1837
- Vaughan v. . FarmerSupreme Court of North Carolina · 1884
- Duckworth v. Jordan.Supreme Court of North Carolina · 1905
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Seawell v. SeawellSupreme Court of North Carolina · 1951
- In re the Construction of the Will of StephanNew York Surrogate's Court · 1950
- Tadlock v. . MizellSupreme Court of North Carolina · 1928
- Freeman v. . RamseySupreme Court of North Carolina · 1925
- Clifton v. . OwensSupreme Court of North Carolina · 1916
7 more not listed; retrieve them via the Exa API.