Buchanan v. . Clark
Supreme Court of North Carolina
Appeal by defendant Clark from Lyon, J., at October Term, 1912, of Avery. This is an action for tbe recovery of land,‘and its decision turns upon tbe question wbetber a deed, or instrument in tbe form of a deed and sufficient to convey presently a fee-simple' title in tbe land, to Baymond Bucbanan by C. F. and B. E. Franklin bad been delivered. A second deed was executed by tbe Franklins to tbe defendant W. C. Clark, at bis request, for tbe same land.
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Appeal by defendant Clark from Lyon, J., at October Term, 1912, of Avery. This is an action for tbe recovery of land,‘and its decision turns upon tbe question wbetber a deed, or instrument in tbe form of a deed and sufficient to convey presently a fee-simple' title in tbe land, to Baymond Bucbanan by C. F. and B. E. Franklin bad been delivered. A second deed was executed by tbe Franklins to tbe defendant W. C. Clark, at bis request, for tbe same land. Plaintiff, wbo is tbe sole beir at law of Bay-mond Bucbanan, be having died some time between tbe dates of tbe two deeds, contends tbat tbe…
1DissentClark, C. J.
In my opinion, there is no evidence whatever of a delivery in tbis case; on tbe contrary, tbe facts show conclusively that there was no attempted delivery, and no present intention shown to deliver. Tbe evidence shows an intention not to deliver till an event which has not yet happened, i. e., Clark’s own death.
Tbe facts, briefly stated, are that Clark exchanged lands with tbe defendant Franklin and bis wife. Clark executed bis deed to Franklin and in exchange Franklin was to convey another tract to him. But at Clark’s request, Franklin inserted in tbe deed tbe name of Raymond Buchanan, tbe…
2Cases cited7 opinions
- Collins v. Davis.Supreme Court of North Carolina · 1903
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- Hinton v. . LeighSupreme Court of North Carolina · 1889
- Tremaine v. . WilliamsSupreme Court of North Carolina · 1907
- Blevins v. . BarkerSupreme Court of North Carolina · 1876
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