Mitchell v. . Mitchell
Supreme Court of North Carolina
This was a petition for partition sent up from the Clerk. A trial by jury having been waived by consent, the case was heard, upon the facts agreed, at November Term, 1890, of the Superior Court of GraNVILLE County, before MacRae, J. “It is agreed that if the presiding Judge shall construe „ the said deed to convey a title in fee-simple to Jack E. Mitchell, the judgment shall be for the defendants that they are seized as set out in the answer.
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This was a petition for partition sent up from the Clerk. A trial by jury having been waived by consent, the case was heard, upon the facts agreed, at November Term, 1890, of the Superior Court of GraNVILLE County, before MacRae, J. “It is agreed that if the presiding Judge shall construe „ the said deed to convey a title in fee-simple to Jack E. Mitchell, the judgment shall be for the defendants that they are seized as set out in the answer. If the Court shall hold that, by virtue of said deed, the grantee took only a life-estate in the land, the petitioners are tenants in common with…
1Opinion of the CourtAvery, J.
after stating the facts: The material portion of the deed brought before us for construction by this appeal is as follows:
“This indenture, etc., witnesseth,that for and in consideration that he, the said Jack E. Mitchell, is to live with me, the said John Mitchell, and take care of me, the said John Mitchell, and my wife Bally, so long as we both live, and that I, the said John Mitchell, doth give to the said Jack E. Mitchell all of the tract of land whereon I now live at my death, containing one hundred and sixty-nine acres, and that I, the said John Mitchell, do hereby warrant and defend…
2Cases cited2 opinions
- Anderson v. . LoganSupreme Court of North Carolina · 1890
- Winborne v. . DowningSupreme Court of North Carolina · 1890
3Cited by1 opinion
- Carolina Real Estate Co. v. BlandSupreme Court of North Carolina · 1910