Kadis v. . Weil
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at November Term, 1913, of WayNE. Controversy without action. The plaintiff by mesne conveyances claims to be the owner in fee of certain property therein described in the following deed: “This deed, made by "William T. Gfriffin, of the county of Nash and State aforesaid, to A. B. Chestnutt, of'the county of Sampson, State aforesaid, witnesseth: “That the said William T. Griffin has, for and in consideration of the sum of $354 to' him…
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Appeal by defendant from Daniels, J., at November Term, 1913, of WayNE. Controversy without action. The plaintiff by mesne conveyances claims to be the owner in fee of certain property therein described in the following deed: “This deed, made by "William T. Gfriffin, of the county of Nash and State aforesaid, to A. B. Chestnutt, of'the county of Sampson, State aforesaid, witnesseth: “That the said William T. Griffin has, for and in consideration of the sum of $354 to' him paid, bargained and sold to A. B. Chestnutt and his heirs a certain town lot in the town of Golds-boro, North Carolina,,…
1Opinion of the CourtBrown, J.
-The plaintiff contends that he and his wife have a right to convey in fee simple, free from encumbrances, to the defendant, tbe land conveyed to tbe plaintiff'by tbe said Martha J. Hollowell and George E. Hood, trustee, and described in, tbe deed tendered to tbe defendant by tbe plaintiff.
We are of opinion tbat under tbe terms of tbe deed in trust above set out, tbe contention of tbe plaintiff is well founded. It is admitted tbat George E. Hood bas been duly and legally substituted as trustee in place of A? B. Obestnutt, deceased, ,in said deed in trust.
• By force of law, as well as by tbe…
2Cases cited4 opinions
- Grimes v. . TaftSupreme Court of North Carolina · 1887
- Hauser v. . ShoreSupreme Court of North Carolina · 1848
- Henry Whitted v. . Henry K. NashSupreme Court of North Carolina · 1872
- Hunt v. State BankSupreme Court of North Carolina · 1831