Roe v. . Journegan
Supreme Court of North Carolina
Appeal by plaintiff from Lyon, J., at tbe August Term, 1917, of Eeanklin. Tbis is an action for tbe recovery of land. Plaintiffs claim under tbe deed of their grandfather, William Roe, dated 26 August, 1881, and recorded 27 May, 1882, -made to plaintiff’s father, Winfield Scott Roe.
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Appeal by plaintiff from Lyon, J., at tbe August Term, 1917, of Eeanklin. Tbis is an action for tbe recovery of land. Plaintiffs claim under tbe deed of their grandfather, William Roe, dated 26 August, 1881, and recorded 27 May, 1882, -made to plaintiff’s father, Winfield Scott Roe. Defendant claims under a deed made by William Roe to Winfield Scott Roe dated 2 January, 1886, and recorded 25 January, 1886, for tbe same land, and subsequent deed of W. S. Roe and wife to defendant, also duly recorded. Tbe deed of 26 August, 1881, contained habendum as follows: “To have and to bold to him, tbe…
1Opinion of the CourtAlleN, J.
Tbe plaintiffs are tbe owners of tbe land in controversy if tbe deed of 1881 was delivered, although not then in esse, because of tbe conveyance by tbe deed of a life estate to W. S. Roe (Powell v. Powell, 168 N. C., 561), and tbe deed of 1886 could not affect their title as it was executed prior to tbe enactment of tbe statute conferring tbe power to revoke a deed when made to persons not then in being (Acts 1893, cb. 498, now Eevisal, sec. 1045), and tbe title having passed from tbe grantor by tbe first deed, if delivered, it could not be recalled. Buchanan v. Clarke, 164 N. C., 58.
These…
2Cases cited3 opinions
- Smith v. Moore.Supreme Court of North Carolina · 1906
- Westfelt v. Adams.Supreme Court of North Carolina · 1902
- Powell v. . PowellSupreme Court of North Carolina · 1915
3Cited by16 opinions
- Wilson County Board of Education v. LammSupreme Court of North Carolina · 1970
- Best v. . UtleySupreme Court of North Carolina · 1925
- Jefferson v. . JeffersonSupreme Court of North Carolina · 1941
- Jefferson v. JeffersonSupreme Court of North Carolina · 1941
- Stanback v. Citizens National Bank of RaleighSupreme Court of North Carolina · 1929
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