Hicks v. . Bullock
Supreme Court of North Carolina
. Civil ACTION, tried before Shepherd, Judge, and a jury, at Spring Term, 1885, of Grakville Superior Court. It appears that Howell Hicks and Frances Hicks, brother and sister, in 1842, entered upon, and continued in joint possession of the land in controversy, as tenants in common, until the death of Frances in 1847, claiming title thereto by virtue of two deeds of conveyance, copies of which are as follows: "Know all men by these presents, that I, James Bullock, of the…
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. Civil ACTION, tried before Shepherd, Judge, and a jury, at Spring Term, 1885, of Grakville Superior Court. It appears that Howell Hicks and Frances Hicks, brother and sister, in 1842, entered upon, and continued in joint possession of the land in controversy, as tenants in common, until the death of Frances in 1847, claiming title thereto by virtue of two deeds of conveyance, copies of which are as follows: "Know all men by these presents, that I, James Bullock, of the county of Granville and State of North Carolina, hath, for and in consideration of the sum of eighty-six dollars, to me in…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). It is not denied that Howell Hicks and Frances Hicks had the absolute title to the land in question, if the two deeds mentioned, made to them, were sufficient to convey the fee simple estate therein. That such was their purpose is manifest from their terms, phraseology and scope. They are, however, very unskilfully drawn. While each of them contains the essential words of inheritance, these words do not appear directly in their proper connection, and their constituent parts appear disorderly.
In such case, it is the duty of the Court to give the deed…
2Cases cited5 opinions
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Staton v. . MullisSupreme Court of North Carolina · 1885
- Bunn v. . WellsSupreme Court of North Carolina · 1886
- Ward v. . Farmer SoutherlandSupreme Court of North Carolina · 1885
- Ricks v. . PulliamSupreme Court of North Carolina · 1886
3Cited by31 opinions
- Crews v. . CrewsSupreme Court of North Carolina · 1926
- John L. Roper Lumber Co. v. Richmond Cedar WorksSupreme Court of North Carolina · 1914
- Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
- Perkins v. Brinkley.Supreme Court of North Carolina · 1903
- Ellington v. . EllingtonSupreme Court of North Carolina · 1889
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