Bodenhamer v. . Welch
Supreme Court of North Carolina
Special PROCEEDING- for partition of land, commenced before the clerk of DavidsoN Superior Court, and heard at Chambers, by consent, at Forsyth court, on the 17th day of May, 1882, before Eure, J. The plaintiff's petition states that in 1840, "William Boden-hanier died in the county of Davidson, having previously published 1ns last will and testament, in which he devised, among other things, a tract of land lying in the county of Davidson, containing two hundred acres, more…
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Special PROCEEDING- for partition of land, commenced before the clerk of DavidsoN Superior Court, and heard at Chambers, by consent, at Forsyth court, on the 17th day of May, 1882, before Eure, J. The plaintiff's petition states that in 1840, "William Boden-hanier died in the county of Davidson, having previously published 1ns last will and testament, in which he devised, among other things, a tract of land lying in the county of Davidson, containing two hundred acres, more or less, to Martha Boden-liamer, bis wife, for and during her natural life, and after her death, to bo equally divided…
1Opinion of the CourtA Shf, J.
The only question presented by the record for our determination is, whether the sale of the plaintiff’s interest in the land by his assignee in bankruptcy passed a valid title to the defendant A. PI. Welch.
It was contended by plaintiff’s counsel that, the interest of the plaintiff under the will of his father, William Bodeuhamer, was a mere possibility, and though such an interest was embraced in the English statute of bankruptcy, it was not in that of the United States.
It is true the term “possibility” is not mentioned in the bankrupt act of the United States, norare contingent interests…
2Cases cited4 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Farmer v. . DanielSupreme Court of North Carolina · 1880
- Watson v. . DoddSupreme Court of North Carolina · 1873
- Stith v. . LookabillSupreme Court of North Carolina · 1877
3Cited by23 opinions
- Taylor v. TaylorSupreme Court of Iowa · 1902
- Smith v. Moore.Supreme Court of North Carolina · 1906
- Watson v. . SmithSupreme Court of North Carolina · 1892
- Beacom v. AmosSupreme Court of North Carolina · 1913
- Lee v. OatesSupreme Court of North Carolina · 1916
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