Whitehead v. . Weaver
Supreme Court of North Carolina
Appeal from Guión, J., at the February Term, 1910, of WlLSON. • - The facts are stated in the opinion. Appeal by defendants from the clerk of Superior Court of Wilson in a petition for partition. Both parties claim under a deed from S. A. Woodard, 21 January, 1884, to Jesse P. Dixon and wife, Elizabeth, for 400 acres.
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Appeal from Guión, J., at the February Term, 1910, of WlLSON. • - The facts are stated in the opinion. Appeal by defendants from the clerk of Superior Court of Wilson in a petition for partition. Both parties claim under a deed from S. A. Woodard, 21 January, 1884, to Jesse P. Dixon and wife, Elizabeth, for 400 acres. The habendum is as follows: “To have and to hold, to them, the said Jesse P. Dixon and wife, for life, and the life of each of them, and after the death of the survivor, then to tbe living sister and tbe children of tbe deceased sister or sisters of tbe said Elizabeth Dixon, in…
1Opinion of the CourtClark, C. J.
The conveyance of the remainder to “Polly Whitehead and the children of Penina Dixon, deceased,” vested such remainder in fee in them as tenants in common, an undivided one-ninth interest to each, there being eight children of Penina Dixon. Upon the death of Polly Whitehead, who died after the life tenancy ceased, her undivided one-ninth descended to her three children, the plaintiffs herein.
In Helms v. Austin, 116 N. C., 752, a deed to “Sarah Staton and her children” was held to convey a fee simple to said Sarah and children as tenants in common. This was cited and approved. Darden v.…
2Cases cited6 opinions
- Hampton v. . WheelerSupreme Court of North Carolina · 1888
- Moore v. . LeachSupreme Court of North Carolina · 1857
- Silliman v. . WhitakerSupreme Court of North Carolina · 1896
- Gay v. . BakerSupreme Court of North Carolina · 1860
- Hunt v. . SatterwhiteSupreme Court of North Carolina · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ziegler v. . LoveSupreme Court of North Carolina · 1923
- Lewis v. . StancilSupreme Court of North Carolina · 1911
- Snowden v. . SnowdenSupreme Court of North Carolina · 1924
- Lewis v. . StancilSupreme Court of North Carolina · 1911