Benbury v. . Butts
Supreme Court of North Carolina
Appeal by plaintiffs from Bond, J., at Spring Term, 1922, of ChowaN. Controversy without action, submitted on an agreed statement of facts. Plaintiffs, being under contract to convey certain lands to the defendant, executed and tendered a deed therefor, and demanded payment of the purchase price, as agreed. The defendant declined to accept the deed and refused to make payment, claiming that the title offered was defective.
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Appeal by plaintiffs from Bond, J., at Spring Term, 1922, of ChowaN. Controversy without action, submitted on an agreed statement of facts. Plaintiffs, being under contract to convey certain lands to the defendant, executed and tendered a deed therefor, and demanded payment of the purchase price, as agreed. The defendant declined to accept the deed and refused to make payment, claiming that the title offered was defective. His Honor, being of opinion that the deed tendered was insufficient to convey a full and complete fee-simple title to the lands in question, gave judgment for the…
1Opinion of the CourtStaoy, J.
On tbe facts agreed, tbe title olfered was properly made to depend upon tbe construction of tbe following clause in tbe will of Noab Bess:
“I give and bequeath to Dora Benbury, my wife’s daughter, tbe bouse and lot (if there is a bouse on it) where I lived before it was burned down, situated on east end of Church Street, in tbe town of Edenton, N. C., to her and her children, and to their children’s children, measuring 160 feet deep and 30 feet wide, also all my household furniture, possession to be given after the death of myself and wife, Ellen.”
The case states that Ellen Bess is dead; that…
2Cases cited3 opinions
- Cullens v. . CullensSupreme Court of North Carolina · 1913
- Condor v. . SecrestSupreme Court of North Carolina · 1908
- Cole v. . ThorntonSupreme Court of North Carolina · 1920
3Cited by4 opinions
- Mayberry v. . GrimsleySupreme Court of North Carolina · 1935
- Rose v. RoseSupreme Court of Virginia · 1950
- Cunningham v. WorthingtonSupreme Court of North Carolina · 1929
- Cunningham v. . WorthingtonSupreme Court of North Carolina · 1929