Hodges v. . Fleetwood
Supreme Court of North Carolina
This was a civil action, heard before Montgomery, J., at the February Term, 1888, of the Superior Court of Beaufort County, on a case agreed. The plaintiffs sued to recover a tract of land in the possession of the defendants. Both parties derived title under the deed from Samuel Boomer to Mahatabel Pate, post.
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This was a civil action, heard before Montgomery, J., at the February Term, 1888, of the Superior Court of Beaufort County, on a case agreed. The plaintiffs sued to recover a tract of land in the possession of the defendants. Both parties derived title under the deed from Samuel Boomer to Mahatabel Pate, post. The plaintiffs claimed the land as children of Mahatabel Pate, by her husband Isaiah Pate; the defendants claimed it under a deed from said Mahatabel Pate and her husband Isaiah Pate. The only questions presented by the appeal arise upon the construction of the deed from Samuel Boomer…
1Opinion of the CourtAvery, J.
(after stating the case). The first question to be settled in this case is, whether the words used in the premises of the deed, “ unto her, the aforesaid Mahatabel Pate, wife of Isaiah Pate, during her natural life, then to descend to her heirs, the children of the said Isaiah Pate, after her demise,” &c., together with the subsequent words in the haben-dum, “ to have and to hold to them, the party of the second part, and their heirs, forever,” vested in Mahatabel Pate an estate in fee simple or only a life estate. It seems clear that the word “heirs” should be construed as a word of purchase…
2Cases cited7 opinions
- Leathers v. . GraySupreme Court of North Carolina · 1888
- Mills v. . ThorneSupreme Court of North Carolina · 1886
- King v. . UtleySupreme Court of North Carolina · 1881
- Phillips v. . Davis .Supreme Court of North Carolina · 1873
- Phillips and Wife v. . Thompson and Wife .Supreme Court of North Carolina · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Vickers v. . LeighSupreme Court of North Carolina · 1889
- Eason v. . EasonSupreme Court of North Carolina · 1912