Carroll v. Herring
Supreme Court of North Carolina
Appeal by plaintiff from Alim, J., at April Term, 1920, of OumbeR-land. Action, to remove a cloud upon title and to recover land. Judgment for defendant, and plaintiff appealed. The case was as follows: James Carroll, Sr., died leaving a will in which, be devised, among other things, two tracts of land to his son, James A. Carroll.
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Appeal by plaintiff from Alim, J., at April Term, 1920, of OumbeR-land. Action, to remove a cloud upon title and to recover land. Judgment for defendant, and plaintiff appealed. The case was as follows: James Carroll, Sr., died leaving a will in which, be devised, among other things, two tracts of land to his son, James A. Carroll. The item of said will by which this devise was made reads as follows: “I give, bequeath, and devise to my son, James A. Carroll, two hundred dollars ($200), to be paid by my executors, and I devise to him the ten acres of land known as the Pearce land, on which he…
1Opinion of the Court
WalKER, J.,
after stating the case: Plaintiffs admit that, about the year 1902 or 1903, and prior to his death, James A. Carroll conveyed such interest as he had in the 37 acres of land, lying east of the Holly land, and that he was never in possession of this land again. The last clause in the above item, by which this 37 acres of land was devised, shows clearly that it was the intention of the grantor for his son, James A. Carroll, to have a fee-simple estate in the land devised to him, to do with and dispose of as' he saw fit. This last clause is susceptible of but one meaning. What words…
2Cases cited11 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Mulvane v. RudeIndiana Supreme Court · 1896
- Latimer v. . WaddellSupreme Court of North Carolina · 1896
- Dunn v. . HinesSupreme Court of North Carolina · 1913
- Patrick v. . MoreheadSupreme Court of North Carolina · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Heyer v. BulluckSupreme Court of North Carolina · 1936
- Heyer v. . BulluckSupreme Court of North Carolina · 1936
- Cannon v. . CannonSupreme Court of North Carolina · 1945
- Williams v. . RandSupreme Court of North Carolina · 1943
- Artis v. . ArtisSupreme Court of North Carolina · 1948
52 more not listed; retrieve them via the Exa API.