Hollowell v. . Manly
Supreme Court of North Carolina
Appeal by defendant from Bond, J., at tbe January Term, 1920, of WayNe. This is an action to recover the purchase money of a certain lot which the plaintiff contracted to sell to the defendant, and which the defendant agreed to buy, the defendant refusing to accept the deed of the plaintiff and pay the money, upon the ground that she could not convey the land in fee.
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Appeal by defendant from Bond, J., at tbe January Term, 1920, of WayNe. This is an action to recover the purchase money of a certain lot which the plaintiff contracted to sell to the defendant, and which the defendant agreed to buy, the defendant refusing to accept the deed of the plaintiff and pay the money, upon the ground that she could not convey the land in fee. The lot of land formerly belonged to "William T. Griffin, who, on 8 December, 1876, conveyed the same to A. B. Chestnut and his heirs upon the following trust: “To have and to hold the within conveyed town lot upon the following…
1Opinion of the CourtAllen, J.
Tbe deed under which the plaintiff claims conveys the fee-simple estate to the cestui que trust, although executed prior to 1879, and there are no words of inheritance associated with the beneficiaries, because it purports to convey the whole estate and interest of the grantor in trust for the cestui que trust.
A similar deed was construed in Holmes v. Holmes, 86 N. C., 207, in which the Court, although recognizing the principle that the word “heirs” was ordinarily necessary to convey a fee simple in an equitable as well as a legal estate, says: “The language of the instrument is— ‘to W. C.…
2Cases cited9 opinions
- Hobgood v. HobgoodSupreme Court of North Carolina · 1915
- Beacom v. AmosSupreme Court of North Carolina · 1913
- Kornegay v. MillerSupreme Court of North Carolina · 1905
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- Thompson v. MoranMichigan Supreme Court · 1880
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3Cited by7 opinions
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- Walker v. ShugertSupreme Court of Pennsylvania · 1928
- Feeguson v. FeegusonSupreme Court of North Carolina · 1945
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