Dail v. . Jones
Supreme Court of North Carolina
Claim and Delivery tried at Spring Term, 1881, of Ureene Superior Court, before Graves, J. This is an action of claim and delivery, brought to recover certain articles of personal property from the possession of the defendant, who claims to hold the same as admin-istratrix of Owen W. Jones, deceased.
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Claim and Delivery tried at Spring Term, 1881, of Ureene Superior Court, before Graves, J. This is an action of claim and delivery, brought to recover certain articles of personal property from the possession of the defendant, who claims to hold the same as admin-istratrix of Owen W. Jones, deceased. The plaintiff claims it under a deed to himself .and wife from the defendant’s intestate, the conveying clause of which is as follows-: “And the party of the first part doth also,-in consideration as before stated (natural love and affection) and the further consideration of the sum of one…
1Opinion of the CourtAshe, J.
The first exception taken to the ruling of His Honor was to his refusal to admit evidence on the part of the plaintiff to prove an actual delivery of the property conveyed in the deed by the grantor to the plaintiff, the grantee, at the time of executing the deed. This evidence was offered to show that the-grantor intended by the deed to convey a present interest to the plaintiff and his wife, and for that purpose was clearly incompetent because it would contradict the deed, and the deed must speak for itself; it cannot be added to, varied or contradicted by parol evidence. Wilson v.…
2Cases cited1 opinion
- Wilson v. . SandiferSupreme Court of North Carolina · 1877
3Cited by6 opinions
- Jones v. WaldroupSupreme Court of North Carolina · 1940
- Jones v. . WaldroupSupreme Court of North Carolina · 1940
- Cathey v. Buchanan Lumber Co.Supreme Court of North Carolina · 1909
- Outlaw v. . TaylorSupreme Court of North Carolina · 1915
- Nixon v. . NixonSupreme Court of North Carolina · 1939
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