Legal Opinion

Blackwell v. . Blackwell

Supreme Court of North Carolina

Decided March 28, 1899PublishedCited by 21 opinions

Civil, Actioh, for tbe possession and control of land, subject to tbe defendant’s marital right of ingress and egress, tried before Timber-lake, J., at Fall Term, 1898, of Caswell Superior Court. The plaintiff was wife of defendant. Tbe case turned upon tbe proper construction of a deed executed by tbe parents of tbe plaintiff. Under this deed, tbe plaintiff claimed a fee simple interest; tbe defendant claimed a life estate.

Read the full summary

Civil, Actioh, for tbe possession and control of land, subject to tbe defendant’s marital right of ingress and egress, tried before Timber-lake, J., at Fall Term, 1898, of Caswell Superior Court. The plaintiff was wife of defendant. Tbe case turned upon tbe proper construction of a deed executed by tbe parents of tbe plaintiff. Under this deed, tbe plaintiff claimed a fee simple interest; tbe defendant claimed a life estate. Upon this deed being read in evidence by tbe plaintiff, bis Honor intimated that tbe defendant was enti-tied under it to a life estate, and that tbe plaintiff could not…

1Opinion of the CourtFaiRcloth, C. J.

Tbe plaintiff instituted tbis action against tbe defendant, her husband, for possession of certain tracts of land, subject to bis marital right of ingress and egress, and for tbe exclusive control of tbe rents and profits of these lands. She claims to be tbe owner in fee, and be claims to have a life estate in them. Tbe whole matter turns upon tbe construction of a deed from plaintiff’s father and wife to her, dated December 22, 1887.

Tbe deed, in tbe premises, says, we “give, grant, convey and confirm unto tbe said Telia E. Blackwell (plaintiff), her heirs and assigns, two tracts of land. . .…

2Cases cited1 opinion

  1. Hafner v. IrwinSupreme Court of North Carolina · 1839

3Cited by21 opinions

  1. Bryant v. . ShieldsSupreme Court of North Carolina · 1942
  2. Artis v. . ArtisSupreme Court of North Carolina · 1948
  3. Bryant v. ShieldsSupreme Court of North Carolina · 1942
  4. Metcalf v. Black Dog Realty, LLCCourt of Appeals of North Carolina · 2009
  5. Boyd v. . CampbellSupreme Court of North Carolina · 1926

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API