Crisp v. . Biggs
Supreme Court of North Carolina
Appeal from Kerr, J., at June Term, 1918, of MaetiN, on a controversy without action, under Revisal, 803.
1Opinion of the CourtClaek, C. J.
Jesse Mizelle devised the tract of land in question to his son, Hardy Mizelle, “to have and to hold in fee simple all the days of his life, then it shall descend to his nearest heirs.” The plaintiff was the grantee of Hardy Mizelle, and, having contracted to convey the same to' the defendant, tendered him a deed. The latter refused to accept, upon the ground that the plaintiff could not convey a fee-simple title. This - raises the simple question whether the devise to Hardy Mizelle was in fee simple.
The rule in Shelley’s Case was first stated, 1 Coke, 104, in 1581, and is as follows: “When an…
2Cited by13 opinions
- Nobles v. . NoblesSupreme Court of North Carolina · 1919
- Benton v. . BaucomSupreme Court of North Carolina · 1926
- Welch v. . GibsonSupreme Court of North Carolina · 1927
- Wachovia Bank & Trust Co. v. WaddellSupreme Court of North Carolina · 1951
- Wallace v. . WallaceSupreme Court of North Carolina · 1921
8 more not listed; retrieve them via the Exa API.