Latimer v. . Waddell
Supreme Court of North Carolina
CONTROVERSY without action, heard before Coble, J., at October Term, 1896, of New HaNover Superior Court, upon an agreed statement of facts, as follows: “On the 4th day of May, 1896, the plaintiff executed a conveyance as follows: “ This indenture, made this 4th day of May, A. I). 1886, between Elizabeth Latimer of the city of Wilmington, County of New Hanover and State of North Carolina, the party ofthe first part, and Ellen S. Waddell, Alfred M. Waddell, Junior, and…
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CONTROVERSY without action, heard before Coble, J., at October Term, 1896, of New HaNover Superior Court, upon an agreed statement of facts, as follows: “On the 4th day of May, 1896, the plaintiff executed a conveyance as follows: “ This indenture, made this 4th day of May, A. I). 1886, between Elizabeth Latimer of the city of Wilmington, County of New Hanover and State of North Carolina, the party ofthe first part, and Ellen S. Waddell, Alfred M. Waddell, Junior, and Elizabeth S. Waddell and Alfred M. Waddell, Senior, husband ofthe said Ellen S. Waddell, all of the city, county and State…
1Opinion of the Court
MoNtgomeby, J. :
The question in this case is, Can an estate in fee-simple be limited by a condition preventing alienation on the part of the grantee for the certain time of five years ? No such limitation was recognized by or known to the common law. There cannot be a co-existence of a fee-simple estate and a total restriction upon its alienation during any peidod of time, however short it may be. One person cannot own the fee and another person the right of alienation. It is written in Littleton (Section 360), “Also, if a feoffment be made on this condition, that the feoffee shall not alien…
2Cases cited3 opinions
- Hardy Bros. v. GallowaySupreme Court of North Carolina · 1892
- Pritchard v. . BaileySupreme Court of North Carolina · 1893
- Munroe v. . HallSupreme Court of North Carolina · 1887
3Cited by46 opinions
- Crockett v. First Federal Savings & Loan Ass'n of CharlotteSupreme Court of North Carolina · 1976
- Carroll v. HerringSupreme Court of North Carolina · 1920
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- O'Connor v. ThetfordCourt of Appeals of Texas · 1915
- Smith v. MitchellSupreme Court of North Carolina · 1980
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