Hunt v. . Frazier
Supreme Court of North Carolina
Cause removed from the Court of Equity of Granville county. The bill is filed to obtain a decree for reforming a certain deed, from one William Hunt to Portius Moore, which deed is in the following words : “This indenture, made and entered into this 27th day of November, 1838, between William Hunt, of the county of Granville, and State of North Carolina, of the one part, and Portius Moore of the county of Person, and State aforesaid, of the other part, witnesseth, that for…
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Cause removed from the Court of Equity of Granville county. The bill is filed to obtain a decree for reforming a certain deed, from one William Hunt to Portius Moore, which deed is in the following words : “This indenture, made and entered into this 27th day of November, 1838, between William Hunt, of the county of Granville, and State of North Carolina, of the one part, and Portius Moore of the county of Person, and State aforesaid, of the other part, witnesseth, that for and in consideration of the sum of one thousand dollars to him secured to be paid, the said William Hunt, doth hereby…
1Opinion of the CourtPeaksoN, C. J.
It was the intention of the parties to vest in Moore a fee simple estate. This is clear, from all the circumstances of the case. The warranty is to Moore and “ his heh s.” The bond of Moore binds “ his heirs” for the performance of the trust, and, indeed, the purpose of the parties, and the trust, sot out in the deed, made it necessary to give to the trustee the legal estate in fee. So the omission of the word, “ heirs,” in limiting the legal estate, was the effect of accident, or occurred through the ignorance or mistake of the draftsman.
Courts of equity do not assume jurisdiction to reform…
2Cited by2 opinions
- Dunn v. DunnSupreme Court of North Carolina · 1955
- Pickett v. Garrard.Supreme Court of North Carolina · 1902