Ricks v. . Pulliam
Supreme Court of North Carolina
Civil action to recover land, tried before Connor, Judge, at Fall Term, 1885, of the Superior Court of Nash county. The only evidence of title produced by the plaintiff, was a Sheriff’s deed, dated the 13th day of February, 1843, purporting to convey the laud of R. H. Ricks to him, in pursuance of a sale thereof, made under an execution in the Sheriff’s hands authorizing the same.
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Civil action to recover land, tried before Connor, Judge, at Fall Term, 1885, of the Superior Court of Nash county. The only evidence of title produced by the plaintiff, was a Sheriff’s deed, dated the 13th day of February, 1843, purporting to convey the laud of R. H. Ricks to him, in pursuance of a sale thereof, made under an execution in the Sheriff’s hands authorizing the same. Before the date of that deed, and before the execution under which the sale was made created any lien upon the land in question, the said R. H. Ricks conveyed the same land to John E. Lindsey, Trustee, &c., by his…
1Opinion of the CourtMjerrimoN, J.
(after stating the facts). We are of opinion that both the deeds in question contained words of inheritance ■sufficiently expressed, and that they each passed the fee simple. It is very manifest from their purpose, scope and terms, although confusedly expressed, that the parties to them respectively, intended to pass the fee. And if the Court can give then) any reasonable interpretation that will effectuate this purpose, it must do so. In the construction of such instruments, the aim of the Court is to give effect to the intention of the parties. It seeks to do so. And with this view, it will…
2Cases cited2 opinions
- Stell v. . BarhamSupreme Court of North Carolina · 1882
- Stafford v. Jones Bros.Supreme Court of North Carolina · 1884
3Cited by6 opinions
- Hicks v. . BullockSupreme Court of North Carolina · 1887
- Carolina Real Estate Co. v. BlandSupreme Court of North Carolina · 1910
- Anderson v. . LoganSupreme Court of North Carolina · 1890
- Winborne v. . DowningSupreme Court of North Carolina · 1890
- Whichard v. WhitehurstSupreme Court of North Carolina · 1921
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