Baker v. . Austin
Supreme Court of North Carolina
Appeal by plaintiff from Harding, J., at April Term, 1917, of Ashe. The plaintiff, on 4 July, 1888, conveyed to his half-brother, “William Baker, all of my entire interest in my father’s land, the deceased, where my mother, Frankie Baker, now lives, the land known as the Eobert Baker land, bounded” (describing it). In the habendum there is this language: “To have and to hold the same to the said William Baker, his heirs and assigns; that I am lawfully seized in .fee of the…
Read the full summary
Appeal by plaintiff from Harding, J., at April Term, 1917, of Ashe. The plaintiff, on 4 July, 1888, conveyed to his half-brother, “William Baker, all of my entire interest in my father’s land, the deceased, where my mother, Frankie Baker, now lives, the land known as the Eobert Baker land, bounded” (describing it). In the habendum there is this language: “To have and to hold the same to the said William Baker, his heirs and assigns; that I am lawfully seized in .fee of the premises; that they are free from all encumbrances; that I have a good right to sell the same to said "William Baker, Ms…
1Opinion of the CourtClark, C. J.
The defendant contends that this is a case of “feeding an estoj)pel.” The plaintiff conveyed “all of my entire interest in my father’s land . . . where my mother Frances Baker now lives, the land known as the Robert Baker land,” giving the boundaries. The reference to “my father’s land” was merely descriptive of the land and was not restricted to the interest which' he bad acquired from bis father. But to put the matter beyond all doubt be conveys the land in fee simple, with covenant of seisin in fee, covenant against encumbrances, covenant of right to convey, and adds, “I will warrant and…
2Cases cited9 opinions
- Armfield v. . MooreSupreme Court of North Carolina · 1852
- Hallyburton v. Slagle.Supreme Court of North Carolina · 1903
- Foster v. HackettSupreme Court of North Carolina · 1893
- Buchanan v. Harrington.Supreme Court of North Carolina · 1906
- Weeks v. Wilkins.Supreme Court of North Carolina · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Woody v. . CatesSupreme Court of North Carolina · 1938
- Crawley v. . StearnsSupreme Court of North Carolina · 1927
- Barnes v. HouseSupreme Court of North Carolina · 1960
- Beck v. BeckCourt of Appeals of North Carolina · 2006
- Beck v. BeckCourt of Appeals of North Carolina · 2004
1 more not listed; retrieve them via the Exa API.