Carson v. . Ray
Supreme Court of North Carolina
Action of ejectment, tried before Heath, J., at the last Fall Term, of Ashe Superior Court. The lessor of the plaintiff claimed title under a judgment and execution against one Long, and a sheriff’s sale and deed, made thereon, all of which, with the defendant’s possession, were admitted.
Read the full summary
Action of ejectment, tried before Heath, J., at the last Fall Term, of Ashe Superior Court. The lessor of the plaintiff claimed title under a judgment and execution against one Long, and a sheriff’s sale and deed, made thereon, all of which, with the defendant’s possession, were admitted. The defendant claimed title, and gave in evidence a deed to him, from the said Long, for the premises, for a full and valuable consideration, in which the premises are described as follows, to wit: “ My house and lot in the town of Jefferson, in Ashe county, North Carolina.” The deed bore date and was…
1Opinion of the CourtBattle, J.
We agree with his Honor who tried the cause, that the description of the house and lot contained in the deed, under which the defendant claimed, was sufficiently certain to identify and convey the property. The terms, “ my house and lot in the town of Jefferson,” if contained in a will, would, undoubtedly be sufficient to pass the testator’s house and lot, in the absence of any proof to show that he had more than one. Thus, it was held in a strongly analagons case, that a bequest of “ my twenty-five shares of bank stock,” when the testator had just that number of shares, was a specific…
2Cited by23 opinions
- North Carolina Self Help Corp. v. BrinkleySupreme Court of North Carolina · 1939
- Lane v. CoeSupreme Court of North Carolina · 1964
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Rodman v. Robinson.Supreme Court of North Carolina · 1904
- Speed v. PerrySupreme Court of North Carolina · 1914
18 more not listed; retrieve them via the Exa API.