Blackburn v. . Blackburn
Supreme Court of North Carolina
This was a special proceedING, tried before McCorkle, J., at Fall Term, 1890, of Wilkes Superior Court. The only point presented for review is whether the endorsement on the deed vested an estate, either in law or equity, in Sarah Blackburn. Iiis Honor held that Sarah was entitled in equity to a life-estate, and from the judgment in conformity with that opinion the defendant appealed.
Read the full summary
This was a special proceedING, tried before McCorkle, J., at Fall Term, 1890, of Wilkes Superior Court. The only point presented for review is whether the endorsement on the deed vested an estate, either in law or equity, in Sarah Blackburn. Iiis Honor held that Sarah was entitled in equity to a life-estate, and from the judgment in conformity with that opinion the defendant appealed. The following is the case agreed: Eli Blackburn, .Sr., executed, on the 11th day of Ma}»-, 1872, a deed in fee-simple to Eli Blackburn, Jr., for the following deccribed land situate in Wilkes County (description…
1Opinion of the CourtShepherd, J.
after stating the case, proceeded: It is very clear that the endorsement on the deed did not operate as an exception or reservation so as to vest an estate for life in Sarah Blackburn. Exceptions and reservations enure only to the benefit of the grantor and those claiming under him, and have no effect by way of passing an estate to a third party. Tiedman, Real Prop., 843; 2 Delvin, Deeds, 979.
We think however (without passing upon the question whether the language used can be construed into a covenant to stand seized to uses), that the judgment of hisPIonor may be sustained on the ground that…
2Cases cited1 opinion
- Pittman v. . PittmanSupreme Court of North Carolina · 1890
3Cited by14 opinions
- Sykes v. Boone.Supreme Court of North Carolina · 1903
- Lefkowitz v. . SilverSupreme Court of North Carolina · 1921
- Hare v. . WeilSupreme Court of North Carolina · 1938
- Creech v. CreechSupreme Court of North Carolina · 1943
- Creech v. . CreechSupreme Court of North Carolina · 1943
9 more not listed; retrieve them via the Exa API.