Chamblee v. . Broughton
Supreme Court of North Carolina
Civil aotioN, by W. R. Ohamblee and others, children of B. D. Chamblee, and B. I). Ohamblee and wife, against W. H. Broughton, William Boylan and others, for the value of timber cut from land claimed by the plaintiffs, for injunction,and to set aside a former judgment of foreclosure and for a resale of the land, tried before Boylcin, J., and a jury, at October Term, 1896, of Waice Superior Court.
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Civil aotioN, by W. R. Ohamblee and others, children of B. D. Chamblee, and B. I). Ohamblee and wife, against W. H. Broughton, William Boylan and others, for the value of timber cut from land claimed by the plaintiffs, for injunction,and to set aside a former judgment of foreclosure and for a resale of the land, tried before Boylcin, J., and a jury, at October Term, 1896, of Waice Superior Court. The land in controversy had been devised by Rayford Ohamblee to B. P. Ohamblee for life, with remainder to “his bodily heirs.” B. D. Ohamblee and wife conveyed the land by way of mortgage to Miss 0.…
1Opinion of the Court
Clark, J.:
The main, question presented is, whether the devise to “B. D. Chamblee during his natural fife and at his death to his bodily heirs” conveyed a fee simple or not. It clearly does under the rule in Shelly’s case, and that rule is still in force in North Carolina. Dawson v. Quinnerly, 118 N. C., 188; Nichols v. Gladden, 117 N. C., 497; Starnes v. Hill, 112 N. C., 1; Leathers v. Gray, 101 N. C., 162, in which cases the rule is stated, thoroughly considered and affirmed. It applies to devises equally with conveyances. 1 Fearne Rem., 89. The rule originated in the Feudal law, and a case…
2Cases cited7 opinions
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Odom v. . RiddickSupreme Court of North Carolina · 1889
- Leathers v. . GraySupreme Court of North Carolina · 1888
- Nichols v. . GladdenSupreme Court of North Carolina · 1895
- Brittain v. . MullSupreme Court of North Carolina · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Price v. GriffinSupreme Court of North Carolina · 1909
- Beeson v. . SmithSupreme Court of North Carolina · 1908
- Edgerton v. . AycockSupreme Court of North Carolina · 1898
- Marsh v. Griffin.Supreme Court of North Carolina · 1904
- Robeson v. . MooreSupreme Court of North Carolina · 1915
4 more not listed; retrieve them via the Exa API.