Roe v. . Journigan
Supreme Court of North Carolina
Appeal by defendant from Kerr, J., at August Term, 1920, of' EbANKLIN. This case has been before us twice heretofore, Roe- v. Journigan, 115 N. C., 261, and 8. c., 179 N. 0., 686. The facts are fully stated in the first appeal, 175 N. C., at p. 262. "William Roe executed a deed 26 August, 1881, to plaintiff’s father, W. S. Roe, by which he conveyed to him a life estate with remainder to his then wife for life if she survived him, and then to his children.
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Appeal by defendant from Kerr, J., at August Term, 1920, of' EbANKLIN. This case has been before us twice heretofore, Roe- v. Journigan, 115 N. C., 261, and 8. c., 179 N. 0., 686. The facts are fully stated in the first appeal, 175 N. C., at p. 262. "William Roe executed a deed 26 August, 1881, to plaintiff’s father, W. S. Roe, by which he conveyed to him a life estate with remainder to his then wife for life if she survived him, and then to his children. This deed was recorded 27 May, 1882. On 2 January, 1886, he made a second deed to his said son, W. S. Roe, in fee simple, for the sarqe…
1Opinion of the Court
ClabK, O. J.
The real controversy in the trial is as to whether the excluded evidence was competent as tending to rebut the presumption of the delivery of the deed of 1881, which was raised by its registration. "When the case was first here, 175 N. C., 261, the Court held that evidence of the declaration by W. S. Roe, that he would not accept the deed of 1881 conveying a life estate was incompetent, because he was not a party to the action, nor was he one under whom the plaintiff claims as he derives his title from the deed of William Roe and not from W. S. Roe, and if admissible at all it…
2Cases cited7 opinions
- Missouri, Kansas & Texas Railway Co. v. ElliottSupreme Court of the United States · 1902
- Stringfield v. HirschTennessee Supreme Court · 1895
- Roe v. . JourneganSupreme Court of North Carolina · 1918
- Mordecai v. DevereuxSupreme Court of North Carolina · 1876
- Midgett v. . VannSupreme Court of North Carolina · 1912
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- Parker v. Mecklenburg Realty & InsuranceSupreme Court of North Carolina · 1928
- High Point Casket Co. v. WheelerSupreme Court of North Carolina · 1921
- In Re Will of HowellSupreme Court of North Carolina · 1933
- Ragan v. . RaganSupreme Court of North Carolina · 1923
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