Alexander v. . Davis
Supreme Court of North Carolina
Civil action to recover land, tried before Graves, J, at Fall Term, 1887, of the Superior Court of WASHINGTON County. The following are the facts agreed: 1. In August, 1868, the land in controversy belonged to L. B. Davis.. 2. At that time Davis conveyed the said land to the defendant Davenport, trustee, by deed hereto attached and made part of this case, marked “ A.” 3. Davis and wife remained in possession’ of said land from August, 1868, up to the present time. 4. On May…
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Civil action to recover land, tried before Graves, J, at Fall Term, 1887, of the Superior Court of WASHINGTON County. The following are the facts agreed: 1. In August, 1868, the land in controversy belonged to L. B. Davis.. 2. At that time Davis conveyed the said land to the defendant Davenport, trustee, by deed hereto attached and made part of this case, marked “ A.” 3. Davis and wife remained in possession’ of said land from August, 1868, up to the present time. 4. On May 20,1886, L. B. Davis and his wife, to secure a bond due by them to Alexander & Woodley, conveyed the said laud to…
1Opinion of the CourtDavis, J.
(after stating the case). It is insisted for the defendants that “ the power of the wife was to appoint to a use or uses by deed or will ” executed in the manner directed by the deed from L. B. Davis to the trustee Davenport, and that the mortgage is not such an execution of the power as was contemplated and authorized, and that it is inoperative to convey the land. It is also objected that the trustee did not join in the deed.
The trustee held the naked legal title for the purposes set out in the deed, and upon the conveyance by the wife in conformity with the requirements of the deed the…
2Cases cited3 opinions
- Hardy v. . HollySupreme Court of North Carolina · 1881
- Newhart v. . PetersSupreme Court of North Carolina · 1879
- Norris v. . LutherSupreme Court of North Carolina · 1888
3Cited by3 opinions
- Fleming v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1894
- Zimmerman v. . RobinsonSupreme Court of North Carolina · 1894
- Smith v. Ingram.Supreme Court of North Carolina · 1902