Waugh's Heirs v. Miller
Supreme Court of North Carolina
Civil ActioN in the nature of Ejectment, tried before Furches, J., at Spring Term, 1876, of Ashe Superior Court. At Fail Term, 1875, the death of the original plaintiff was suggested, and the heirs at law were made parties plaintiff. The only question considered in this Court was the construction of a deed, under which the plaintiffs claim by mense conveyance.
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Civil ActioN in the nature of Ejectment, tried before Furches, J., at Spring Term, 1876, of Ashe Superior Court. At Fail Term, 1875, the death of the original plaintiff was suggested, and the heirs at law were made parties plaintiff. The only question considered in this Court was the construction of a deed, under which the plaintiffs claim by mense conveyance. The material parts of this deed read as follows : “That for and in consideration of, &c., * * hath granted, bargained and sold, conveyed and confirmed to the aforesaid William P. Waugh and John Finley three thousand and seventy acres of…
1Opinion of the CourtReads, J.
The habendum and the warranty are mixed and confused, as if written hy one who had heard such words used, but the precise order, connection and meaning, of which he did not understand. He conveys the land itself, “ together with all and singular his right and title of, in and to the same” to the aforesaid Waugh and Finley, “ to which he binds himself, his heirs, executors, administrators and assigns to warrant and forever defend,” &c., “ to the said Waugh and Finley, their heirs,” &c., “ to have and to hold and peacefully possess free and clear from all in-cumbrances and claims of any and all…
2Cases cited2 opinions
- Phillips v. . Davis .Supreme Court of North Carolina · 1873
- Phillips and Wife v. . Thompson and Wife .Supreme Court of North Carolina · 1875
3Cited by5 opinions
- Carolina Real Estate Co. v. BlandSupreme Court of North Carolina · 1910
- Bunn v. . WellsSupreme Court of North Carolina · 1886
- Anderson v. . LoganSupreme Court of North Carolina · 1890
- Stell v. . BarhamSupreme Court of North Carolina · 1882
- Hodges v. . FleetwoodSupreme Court of North Carolina · 1889