Gaylord v. Gaylord
Supreme Court of North Carolina
ActioN tried before Guión, J., and a jury, at December Term, 1907, of Beaufoet. Tbe plaintiffs, devisees, children and beirs of Ebenezer Gay-lord, deceased," seek to recover possession of land which formerly belonged to their father, Ebenezer, from their uncle, Sam Gay-lord, who is now in possession, claiming to own the land under an alleged deed to himself from his brother Ebenezer, bearing-date 13 November, 1884. The evidence tended to show that some time in the year 1884…
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ActioN tried before Guión, J., and a jury, at December Term, 1907, of Beaufoet. Tbe plaintiffs, devisees, children and beirs of Ebenezer Gay-lord, deceased," seek to recover possession of land which formerly belonged to their father, Ebenezer, from their uncle, Sam Gay-lord, who is now in possession, claiming to own the land under an alleged deed to himself from his brother Ebenezer, bearing-date 13 November, 1884. The evidence tended to show that some time in the year 1884 Ebenezer Gaylord, having some trouble with his first wife, Deborah, and his father-in-law, in order to place his…
1Opinion of the Court
Hoke, J.,
after stating the case: The alleged deed recites a valuable consideration paid by defendant Sam Gaylord, the grantee in the deed; contains a habendum, “to have and to hold the said tracts of land, free and clear of all privileges and appurtenances thereunto belonging, to the said Sam M. Gaylord *226and bis heirs in fee simple, forever,” and also the covenants, “that the grantor is seized of the premises in fee simple and hath the right to convey the same; that they are free from all encumbrances, and that the grantor will warrant and defend the title to the same against the lawful claim…
2Cases cited26 opinions
- Avery v. StewartSupreme Court of North Carolina · 1904
- Prutsman v. BakerWisconsin Supreme Court · 1872
- Troll v. CarterWest Virginia Supreme Court · 1879
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Shields v. . WhitakerSupreme Court of North Carolina · 1880
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- Ballard v. BallardSupreme Court of North Carolina · 1949
- Best v. PerryCourt of Appeals of North Carolina · 1979
- Avery v. . StewartSupreme Court of North Carolina · 1904
- Whitaker & Fowle v. LaneSupreme Court of Virginia · 1920
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