McSwain v. . Washburn
Supreme Court of North Carolina
Appeal by defendants from Shaw, J., at July Term, 1915, of Cleve-LAND. Action to recover tbe purchase price of a certain tract of land of 110% acres on tbe west side of a tract of 221 acres, wbicb tbe plaintiffs, Mary McSwain and J. J. Price, agreed to sell to tbe defendant, S. S. Royster.
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Appeal by defendants from Shaw, J., at July Term, 1915, of Cleve-LAND. Action to recover tbe purchase price of a certain tract of land of 110% acres on tbe west side of a tract of 221 acres, wbicb tbe plaintiffs, Mary McSwain and J. J. Price, agreed to sell to tbe defendant, S. S. Royster. Tbe defendant admits tbat be agreed to buy tbe land, and be refuses to pay tbe purchase money and to accept tbe deed tendered to him upon tbe ground tbat tbe plaintiffs are not tbe owners of tbe land in fee. Prior to 7 June, 1908, Judith Price was tbe owner in fee of said land, and on tbat date she died…
1Opinion of the CourtAlleN, J.
The question involved in this appeal has been settled by numerous decisions of this Court, and that is that under language like that used in items three and six of the will of Judith Price the 'first taker has an estate in fee under the rule in Shelley's case.
In Leathers v. Gray, 101 N. C., 162, the language was to P. “during his natural life, and after her death to the begotten heirs or heiresses of her body”; in Tyson v. Sinclair, 138 N. C., 24, the devise was to a grandson “during the term of his natural life, then to the lawful heirs of his body”; in Pitchford v. Limer, 139 N. C., 13, to…
2Cases cited6 opinions
- Leathers v. . GraySupreme Court of North Carolina · 1888
- Ward v. . JonesSupreme Court of North Carolina · 1848
- Perry v. HackneySupreme Court of North Carolina · 1906
- Howell v. . KnightSupreme Court of North Carolina · 1888
- Webb v. Cummings.Supreme Court of North Carolina · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Keziah v. . MedlinSupreme Court of North Carolina · 1917
- White v. . GoodwinSupreme Court of North Carolina · 1917
- White v. . GoodwinSupreme Court of North Carolina · 1917