Midgett v. . Meekins
Supreme Court of North Carolina
Appeal by plaintiff from Webb, J., at Spring Term, 1912, of Dare. A civil action to remove a cloud from title and for general relief.
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Appeal by plaintiff from Webb, J., at Spring Term, 1912, of Dare. A civil action to remove a cloud from title and for general relief. On the trial it was made to appear that on 28 April, 1898, plaintiff Thomas P. Midgett executed a deed for two tracts of bis land, tbe grantees being bis tben wife, Sarab H. Midgett, and the children of tbe marriage; tbe terms of tbe deed relevant to tbe inquiry being as follows: “This deed, made this tbe 29th day of April, 1898, by Thomas P. Midgett, of Manteo, Dare County, North Carolina, of tbe first part, to Sarab H. Midgett, of Manteo, Dare County, North…
1Opinion of the Court
Hoke, J\,
after stating the case: In Davis v. Frazier, 150 N. C., 451, the Court said: “It is. an undoubted principle that a subsequent clause irreconcilable with a former clause and repugnant to the general purpose and intent of the contract will be set aside. This was expressly held in Jones v. Casualty Co., 140 N. C., 262, and there are many decisions with us to like effect; but, as indicated in the case referred to and the authorities cited in its support, this-principle is in subordination to another position, that the intent of the parties as embodied in the entire instrument is the end…
2Cases cited10 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- Jones v. Casualty Co.Supreme Court of North Carolina · 1905
- Davis v. FrazierSupreme Court of North Carolina · 1909
- Wilkins v. NormanSupreme Court of North Carolina · 1905
- Acker v. . PridgenSupreme Court of North Carolina · 1912
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3Cited by7 opinions
- Bryant v. . ShieldsSupreme Court of North Carolina · 1942
- Bryant v. ShieldsSupreme Court of North Carolina · 1942
- Boyd v. . CampbellSupreme Court of North Carolina · 1926
- Seawell v. . HallSupreme Court of North Carolina · 1923
- Jefferson v. . JeffersonSupreme Court of North Carolina · 1941
2 more not listed; retrieve them via the Exa API.