Buchanan v. Harrington.
Supreme Court of North Carolina
Special proceeding -for partition by J. 33. Buchanan and others against A. B. Harrington, heard by Judge G. 8. Ferguson and a jury, at the December Term, 1905, of the Superior Court of Moore. The petitioners allege that they are tenants in common with the defendant of a tract of land containing 24 acres, they owning five-eighths thereof and the defendant the other three-eighths.
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Special proceeding -for partition by J. 33. Buchanan and others against A. B. Harrington, heard by Judge G. 8. Ferguson and a jury, at the December Term, 1905, of the Superior Court of Moore. The petitioners allege that they are tenants in common with the defendant of a tract of land containing 24 acres, they owning five-eighths thereof and the defendant the other three-eighths. The defendant admitted the tenancy in common, but denied the allegation as to the interest of the respective parties, alleging on the contrary that the petitioners owned one-half and he the other half. The land…
1Opinion of the Court
Walker, J.,
after stating tbe case: Tbe parties seem to bare conceded that tbe proper construction of tbe deed from tbe petitioners to tbe defendant is in accordance witb tbe defendant’s contention, that it conveyed one-balf of the entire interest in tbe land, and tbe words, “tbe same ¡being tbe lands of Virginia, Willie and Garner Watson, deeded to L. B. Buchanan,” are merely descriptive of tbe land and cannot have tbe effect to limit or cut down tbe interest which would otherwise pass by the deed, and this we think was a proper concession. Indeed, tbe very words we have quoted import that…
2Cases cited7 opinions
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Tuttle v. . HarrillSupreme Court of North Carolina · 1881
- Ewbank v. Turner.Supreme Court of North Carolina · 1903
- McLaurin v. . CronlySupreme Court of North Carolina · 1884
- Hallyburton v. Slagle.Supreme Court of North Carolina · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Williams v. . WilliamsSupreme Court of North Carolina · 1942
- Ford v. . McBrayerSupreme Court of North Carolina · 1916
- Murray v. NewsonSupreme Court of Florida · 1933
- Buchanan v. . HarringtonSupreme Court of North Carolina · 1910
- James v. . HookerSupreme Court of North Carolina · 1916
13 more not listed; retrieve them via the Exa API.