Lee v. Oates
Supreme Court of North Carolina
Civil actioN beard by Carter, at February Term, 1916, o£ Mece:-LENBURG. Tbe agreed facts are substantially as follows: Plaintiff contracted to convey to defendant an indefeasible fee-simple title to certain land in Mecklenburg County, for which defendant contracted to pay plaintiff the sum of $7,000. Plaintiff thereupon executed and tendered to defendant a deed, admitted to be in due and proper form, for the land in question, which defendant refused to accept, and refused to…
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Civil actioN beard by Carter, at February Term, 1916, o£ Mece:-LENBURG. Tbe agreed facts are substantially as follows: Plaintiff contracted to convey to defendant an indefeasible fee-simple title to certain land in Mecklenburg County, for which defendant contracted to pay plaintiff the sum of $7,000. Plaintiff thereupon executed and tendered to defendant a deed, admitted to be in due and proper form, for the land in question, which defendant refused to accept, and refused to comply with his part of the contract, on the ground that the plaintiff did not have, and his said deed did not convey,…
1Opinion of the Court
WalKeb, J.,
after stating tbe case: Tbe first objection to tbe title, which tbe plaintiff has offered by bis deed, is that one of bis grantors, Mrs. Elizabeth J. Lee, was by tbe deed of Mrs. Nancy S. Smith, tbe original source of title, forbidden to sell her life estate or tbe proceeds arising therefrom by anticipation or otherwise. There is such' a provision in tbe deed, but, being a condition subsequent and one that is void as against public policy, she held her estate discharged of it. There is a conflict in the authorities, but this Court has for many years consistently held that tbe…
2Cases cited26 opinions
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Whitesides v. . CooperSupreme Court of North Carolina · 1894
- Latimer v. . WaddellSupreme Court of North Carolina · 1896
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3Cited by25 opinions
- Crockett v. First Federal Savings & Loan Ass'n of CharlotteSupreme Court of North Carolina · 1976
- Craven County v. First-Citizens Bank & Trust Co.Supreme Court of North Carolina · 1953
- Fisher v. . FisherSupreme Court of North Carolina · 1940
- Pilley v. . SullivanSupreme Court of North Carolina · 1921
- Woody v. . CatesSupreme Court of North Carolina · 1938
20 more not listed; retrieve them via the Exa API.