Springs v. Hopkins
Supreme Court of North Carolina
Appeal by defendant from Garter, J., at February Term, 1916, of MECKLENBURG. Tbe case was submitted to tbe court below upon tbe pleadings and exhibits for its opinion and judgment as to whether tbe plaintiffs were seized in fee simple absolute of a one-third undivided interest in tbe lands in question, which undivided interest the plaintiff contracted, for the sum of $6,000, to sell and convey to the defendant, vesting in him a good and sufficient indefeasible title for said…
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Appeal by defendant from Garter, J., at February Term, 1916, of MECKLENBURG. Tbe case was submitted to tbe court below upon tbe pleadings and exhibits for its opinion and judgment as to whether tbe plaintiffs were seized in fee simple absolute of a one-third undivided interest in tbe lands in question, which undivided interest the plaintiff contracted, for the sum of $6,000, to sell and convey to the defendant, vesting in him a good and sufficient indefeasible title for said estate therein, with the usual covenants of warranty. A proper deed has been tendered to the defendant, and the…
1Opinion of the Court
Walker, J.,
after stating the case: The general rule for the construction of a deed is not essentially different from that which governs in the interpretation of other instruments, which is, that we must seek for the intention, and, when discovered, it should be enforced if not inconsistent with the law. Rowland v. Rowland, 93 N. C., 214. Technical rules must generally yield if, in their application, they will disappoint or defeat the clearly expressed intention. Beacom v. Amos, 161 N. C., 357; Lumber Co. v. Lumber Co., 169 N. C., 80; Shuford v. Brady, ibid., 224. It is true that the law…
2Cases cited20 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Bowen v. Hackney.Supreme Court of North Carolina · 1904
- Whitesides v. . CooperSupreme Court of North Carolina · 1894
- Hilliard v. . KearneySupreme Court of North Carolina · 1853
15 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Craven County v. First-Citizens Bank & Trust Co.Supreme Court of North Carolina · 1953
- Willis v. Mutual Loan & Trust Co.Supreme Court of North Carolina · 1922
- Poindexter v. WACHOVIA BANK AND TRUST COMPANYSupreme Court of North Carolina · 1963
- Boyd v. . CampbellSupreme Court of North Carolina · 1926
- Fisher v. . FisherSupreme Court of North Carolina · 1940
19 more not listed; retrieve them via the Exa API.