Brown v. . Ward
Supreme Court of North Carolina
Civil action, for recovery of laud, tried before Shepherd,. J., at Spring Term, 1888, of the Superior Court of Carteret.
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Civil action, for recovery of laud, tried before Shepherd,. J., at Spring Term, 1888, of the Superior Court of Carteret. William Borden being the owner in fee of the tract of land described in the complaint, the possession whereof is demanded in the action, on the 1st day of May, 1790, by deed of gift, conveyed the same, with the other lands, to his son Joseph Borden, Sr, “during his natural life only, and then to return to the male children of the said Joseph Borden, lawfully begotten of his body,” with further limitations contingent upon his having such. The donee for life entered…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The construction and operation of a deed executed at the same date and by the same original owner, William Borden, Sr., to another son of the donor, bearing his name, and conveying, by gift,, other lands, with essentially similar limitations as that now before us, came before this Court for determination in Borden v. Thomas, 6 Ired., 209. The lessor, the son William, donee-of a life estate, conveyed the land, as if the owner of an estate in fee, to James Porter, from whom the defendants deduced their title. The lessor was the only son of the donee, William Borden,…
2Cases cited2 opinions
- Sigmon v. . HawnSupreme Court of North Carolina · 1882
- Isler v. . IslerSupreme Court of North Carolina · 1883
3Cited by3 opinions
- Lovett v. StoneSupreme Court of North Carolina · 1954
- Earnhardt v. Clement.Supreme Court of North Carolina · 1904
- Woodlief v. Woodlief.Supreme Court of North Carolina · 1904