McAfee v. Green.
Supreme Court of North Carolina
CONTROVERSY without action, by Cora McAfee and others against Natt Green and his wife, heard by Judge O. II. Allen at the September Term, 1906, of the Superior Court of Buncombe. This was a controversy submitted without action upon the following agreed facts: On 6 May, 1889, C. E. Graham, being the owner of the land in controversy, together with his wife, executed deeds of conveyance therefor to W. L. McAfee, as trustee.
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CONTROVERSY without action, by Cora McAfee and others against Natt Green and his wife, heard by Judge O. II. Allen at the September Term, 1906, of the Superior Court of Buncombe. This was a controversy submitted without action upon the following agreed facts: On 6 May, 1889, C. E. Graham, being the owner of the land in controversy, together with his wife, executed deeds of conveyance therefor to W. L. McAfee, as trustee. The habendum of said deed is in the following words: “To have and to hold the above-described land and premises, with all the appurtenances thereunto belonging or in anywise…
1Opinion of the Court
CoNNOR, J.,
after stating the case: The defendants’ counsel except to the judgment herein, for that:
1. The deed from McAfee to Zane is not signed as trustee. The land is conveyed by Graham to McAfee “as trus tee” with habendum to “his own use and behoof.” No othei* use is declared than such as would attach by operation of law, the deed reciting the payment of the purchase-money by the grantee. The word “trustee” is therefore surplusage not affecting the legal title conveyed by the operative words of the deed.
2. That upon his death, the heirs of the trustee hold the legal title. This is true…
2Cases cited11 opinions
- Springs v. ScottSupreme Court of North Carolina · 1903
- Anderson v. WilkinsSupreme Court of North Carolina · 1906
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- Barcello v. . HapgoodSupreme Court of North Carolina · 1896
- Clayton v. . RoseSupreme Court of North Carolina · 1882
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3Cited by14 opinions
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- Bateman v. . SterrettSupreme Court of North Carolina · 1931
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- Anderson v. . WilkinsSupreme Court of North Carolina · 1906
- Ryder v. . OatesSupreme Court of North Carolina · 1917
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