Bailey v. . Bailey
Supreme Court of North Carolina
Civil actioN tried before Shaw, J., at September Term, 1916, of McDowell. This is an action to determine the rights of the parties in a certain fund, derived from a sale of land under a deed of trust in excess of tlie expenses of sale and the debt secured, heard on the following agreed statement of facts: 1. That the plaintiff is the widow of J. Washington Bailey. 2. That the defendants are the heirs at law and distributees of the said J. W. Bailey, deceased. 3. That on 25…
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Civil actioN tried before Shaw, J., at September Term, 1916, of McDowell. This is an action to determine the rights of the parties in a certain fund, derived from a sale of land under a deed of trust in excess of tlie expenses of sale and the debt secured, heard on the following agreed statement of facts: 1. That the plaintiff is the widow of J. Washington Bailey. 2. That the defendants are the heirs at law and distributees of the said J. W. Bailey, deceased. 3. That on 25 September, 1888, Mrs. Elizabeth Ervin, now Mrs. M. E. Bailey, the plaintiff, executed and delivered to J. Washington…
1Opinion of the CourtAli.eN, J.
"We were impressed by tbe argument of tbe learned counsel for tbe plaintiff, urging us to bold that tbe provision in tbe deed of trust directing tbe surplus of tbe proceeds of tbe sale of land to be paid to J. "W. Bailey and wife, M. E. Bailey, their executors and administrators, created an estate by tbe entireties, and that upon the death of J. W. Bailey tbe whole of tbe surplus belonged to bis wife by right of survivorship; but this question is foreclosed against tbe plaintiff by the decision in Harrington v. Rawls, 136 N. C., 66.
In tbe Harrington case tbe land belonged to tbe wife, Mrs.…
2Cases cited7 opinions
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