Stroud v. . Morrow
Supreme Court of North Carolina
ActioN of COVENANT, tried before Báiley, J., at the last Spring Term of Orange Superior Court. The defendant, Cornelia Morrow, by her deed of bargain and sale, conveyed to the plaintiff and- his heirs certain land, lying in the counties of Orange and Alamance, being the same mentioned in the plaintiff’s declaration, and by the said deed covenanted as follows : “ And the said Cornelia Morrow, for herself and her heirs, doth covenant with the said II.
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ActioN of COVENANT, tried before Báiley, J., at the last Spring Term of Orange Superior Court. The defendant, Cornelia Morrow, by her deed of bargain and sale, conveyed to the plaintiff and- his heirs certain land, lying in the counties of Orange and Alamance, being the same mentioned in the plaintiff’s declaration, and by the said deed covenanted as follows : “ And the said Cornelia Morrow, for herself and her heirs, doth covenant with the said II. M. C. Stroud and his heirs, that at and immediately before the delivery of these presents, she hath a good right and title, and lawful power and…
1Opinion of the CourtManly, J.
The question presented for decision upon the case agreed, is, as we think, free from difficulty. The wife’s estate for widowhood, iá coupled with a power of disposition by sale, will, or otherwise, absolute and unconditional. There seems to be no restriction upon it, except that discretion in which her deceased husband so entirely confided, and we are accordingly of opinion that her covenant of a right to convey as set forth in the case is true, and, consequently, the action cannot be maintained.
Our opinion is based upon the strong and explicit language employed by the testator in his will.…
2Cited by8 opinions
- Herring v. . WilliamsSupreme Court of North Carolina · 1910
- Mabry v. . BrownSupreme Court of North Carolina · 1913
- Wright v. . WestbrookSupreme Court of North Carolina · 1897
- Tillett v. . NixonSupreme Court of North Carolina · 1920
- Makely v. . ShoreSupreme Court of North Carolina · 1918
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