Smith v. Ellington-Guy Lumber Co.
Supreme Court of North Carolina
Appeal from Peebles, J., at the May Term, 1911, of DupliN. Civil action heard on case agreed. On the hearing it was properly made to appear that plaintiffs had contracted in writing to sell defendant an interest in a certain tract of land in said county, stipulating that a good title should be made and having tendered a deed for the property, in correct form. Defendant resisted payment, claiming that the title offered was defective.
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Appeal from Peebles, J., at the May Term, 1911, of DupliN. Civil action heard on case agreed. On the hearing it was properly made to appear that plaintiffs had contracted in writing to sell defendant an interest in a certain tract of land in said county, stipulating that a good title should be made and having tendered a deed for the property, in correct form. Defendant resisted payment, claiming that the title offered was defective. On, the question of title it appeared that Bryant Smith, now deceased, was the owner of this land and other lands and had in the third item of his will devised…
1Opinion of the CourtHoke, J.
Under several recent decisions of the Court, the children, under the third item of this will, took an estate in fee simple, defeasible as to each on an uncertain event — in this case, “a dying without leaving lawful issue of his or her body surviving or to be bom within the period of gestation after death.” Perret v. Byrd, 152 N. C., 220; Dawson v. Ennett, 151 N. C., 543; Harrell v. Hagan, 147 N. C., 111; Sessoms v. Sessoms, 144 N. C., 121; Whitfield v. Garris, 134 N. C., 24; Smith v. Brisson, 90 N. C., 284. And we have held, also, in these and other eases, that when a, devise is limited over…
2Cases cited17 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Hilliard v. . KearneySupreme Court of North Carolina · 1853
- Buchanan v. . BuchananSupreme Court of North Carolina · 1888
- Sessoms v. . SessomsSupreme Court of North Carolina · 1907
12 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Heyer v. BulluckSupreme Court of North Carolina · 1936
- Heyer v. . BulluckSupreme Court of North Carolina · 1936
- Little v. Wachovia Bank and Trust CompanySupreme Court of North Carolina · 1960
- Jones v. . WhichardSupreme Court of North Carolina · 1913
- Rees v. . WilliamsSupreme Court of North Carolina · 1914
29 more not listed; retrieve them via the Exa API.