Bunn v. . Wells
Supreme Court of North Carolina
This was a special PROCEEDING for a partition, begun before the Clerk of the Superior Court of Nash county, and carried by appeal, upon a question of- law raised by the pleadings, before Connor, Judge. The petitioner alleged in his petition : 1. That William Pittman, Sr., late of this county, died intestate, and without leaving any surviving wife, several years prior to 1848) leaving him surviving two children, William Pittman, Jr., and his sister,..
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This was a special PROCEEDING for a partition, begun before the Clerk of the Superior Court of Nash county, and carried by appeal, upon a question of- law raised by the pleadings, before Connor, Judge. The petitioner alleged in his petition : 1. That William Pittman, Sr., late of this county, died intestate, and without leaving any surviving wife, several years prior to 1848) leaving him surviving two children, William Pittman, Jr., and his sister,.. Pittman, the intestate’s only heirs-at-law. 2. That upon said heirs-at-law, the intestate’s real estate descended, equally to be divided as…
1Opinion of the Court
Ashe, J.,
(after stating the case). It is an established rule of the interpretation. of deeds, that the intention of the parties should control unless inconsistent with some rule of law.
In the case of Parkhurst v. Smith, Willes Rep., 332, Lord Chief Justice Willes on this subject said, “the construction of deeds ought to be favorable, and as near to the intent of the parties as possibly may be, and as the law will permit. That too much regard is not to be had to the natural and proper signification of words, and sentences, to prevent the simple intention of the parties from taking effect, for…
2Cases cited5 opinions
- Phillips v. . Davis .Supreme Court of North Carolina · 1873
- Phillips and Wife v. . Thompson and Wife .Supreme Court of North Carolina · 1875
- Stell v. . BarhamSupreme Court of North Carolina · 1882
- Allen v. . BowenSupreme Court of North Carolina · 1876
- Waugh's Heirs v. MillerSupreme Court of North Carolina · 1876
3Cited by17 opinions
- Williams v. . RandSupreme Court of North Carolina · 1943
- Coppedge v. CoppedgeSupreme Court of North Carolina · 1951
- Hicks v. . BullockSupreme Court of North Carolina · 1887
- Carolina Real Estate Co. v. BlandSupreme Court of North Carolina · 1910
- Lee v. BarefootSupreme Court of North Carolina · 1928
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