Harrison v. . Ray
Supreme Court of North Carolina
Civil action, tried before MacRae, J, at February Term,, 1890, of Wake Superior Court. Oakley Harrison and bis brothers and sisters divided the lands, which had been conveyed to them by their father, by deeds of partition among themselves without legal proceedings. The deed for Oakley Harrison’s share was made to him and Juda his wife, who, since his death, has intermarried with the defendant Ray.
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Civil action, tried before MacRae, J, at February Term,, 1890, of Wake Superior Court. Oakley Harrison and bis brothers and sisters divided the lands, which had been conveyed to them by their father, by deeds of partition among themselves without legal proceedings. The deed for Oakley Harrison’s share was made to him and Juda his wife, who, since his death, has intermarried with the defendant Ray. The plaintiffs, who are Oakley Harrison’s children by his first wife, allege-that the name of said Juda was inserted in the deed by mistake and inadvertence of the draftsman. The defendants allege…
1Opinion of the Court
Clark, J.:
When realty is devised or conve3red to husband and wife, they take by entirety, and upon the death of one the whole belongs to the other by right of survivorship. 2 Bl., 182; Long v. Barnes, 87 N. C., 329; Simonton v. Cornelius, 98 N. C., 433. The act abolishing survivorship in joint tenancies, Act 1784, ch. 204 (The Code. § 1326), does not apply to such cases. Motley v. Whitemore, 19 N. C. (2 D. & B.), 537 ; Todd v. Zachary, Busbee’s Eq., 286 ; Woodford v. Higly, 60 N. C. (1 Winston), 237. Indeed, it is held that a conveyance to husband and wife has a fifth unity added to the four…
2Cases cited6 opinions
- Long v. . BarnesSupreme Court of North Carolina · 1882
- Walker v. . ScottSupreme Court of North Carolina · 1890
- Simonton v. . CorneliusSupreme Court of North Carolina · 1887
- Ward v. . PhillipsSupreme Court of North Carolina · 1883
- Huntley v. . ClineSupreme Court of North Carolina · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Davis v. . BassSupreme Court of North Carolina · 1924
- Bruce v. . NicholsonSupreme Court of North Carolina · 1891
- Smith v. SmithSupreme Court of North Carolina · 1959
- English v. EnglishSupreme Court of Florida · 1913
- Fort v. . AllenSupreme Court of North Carolina · 1892
68 more not listed; retrieve them via the Exa API.