Rowland v. . Rowland
Supreme Court of North Carolina
Construction of Deeds — Survivorship—Joint Tenancy — Uses— Habendum. This was a Special PROCEEDING for Partition commenced1 before the clerk of the Superior Court of Robeson county, and’ carried by appeal to the Superior Court, where it was tried before MaoRue, Judge,, at Spring Term, 1885. The plaintiff complained as follows, to-wit: 1. That on the 25th day of August, 1865, John S. Rowland,, the father of the plaintiff's, B. G. Rowland and Eliza W. Fuller, and of the…
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Construction of Deeds — Survivorship—Joint Tenancy — Uses— Habendum. This was a Special PROCEEDING for Partition commenced1 before the clerk of the Superior Court of Robeson county, and’ carried by appeal to the Superior Court, where it was tried before MaoRue, Judge,, at Spring Term, 1885. The plaintiff complained as follows, to-wit: 1. That on the 25th day of August, 1865, John S. Rowland,, the father of the plaintiff's, B. G. Rowland and Eliza W. Fuller, and of the defendant- John B. Rowland, conveyed to John B. Rowland, the defendant, and his sister, Ophelia Rowland, also a daughter of…
1Opinion of the Court
Á.SHE, J.,
(after stating the facts as above). The first poiut presented for our consideration, is the proposition contended for by the plaintiffs’ counsel, “that the act of 1784 abolished theyws accresc.endi in joint estates, and that there is no such thing recognized by our law, as survivorship.” But this is a mistake. Joint tenancies were not abolished by the act of 1784. Vass v. Freeman, 3 Jones Eq., 227, and Powell v. Allen, 75 N. C., 450-454.
In the latter case, it was held that the act did not abolisli joint tenancies, but only took away from such estates, held in fee, the right of…
2Cases cited5 opinions
- Smith v. . BrissonSupreme Court of North Carolina · 1884
- Hogan v. . StrayhornSupreme Court of North Carolina · 1871
- Murchison's Executors v. WhittedSupreme Court of North Carolina · 1882
- Elizabeth Ivey v. . Sarah A. GranberrySupreme Court of North Carolina · 1872
- Powell v. . AllenSupreme Court of North Carolina · 1876
3Cited by42 opinions
- Gudger v. White.Supreme Court of North Carolina · 1906
- Beacom v. AmosSupreme Court of North Carolina · 1913
- Brown v. . BrownSupreme Court of North Carolina · 1915
- Bryan v. . EasonSupreme Court of North Carolina · 1908
- Seawell v. . HallSupreme Court of North Carolina · 1923
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