Moore v. . Leach
Supreme Court of North Carolina
Action of covenant, tried before Manly, J., at the last Pali Term of Chatham Superior Court. The following case agreed was submitted for the judgment of the court: The defendant, with his wife, Eliza, by their deed of bargain and sale, executed September 23rd, 1857, and perfected by the privy examination of the wife, bargained and sold to the plaintiff and his heirs, certain land, lying in the town of Pittsboro’, being the same mentioned in the plaintiff’s declaration, and…
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Action of covenant, tried before Manly, J., at the last Pali Term of Chatham Superior Court. The following case agreed was submitted for the judgment of the court: The defendant, with his wife, Eliza, by their deed of bargain and sale, executed September 23rd, 1857, and perfected by the privy examination of the wife, bargained and sold to the plaintiff and his heirs, certain land, lying in the town of Pittsboro’, being the same mentioned in the plaintiff’s declaration, and by the said deed covenanted as follows: “ And the said John Q. A. Leach, for himself and his heirs, doth covenant with…
1Opinion of the CourtBattle, J.
As early as the time of Lord Coke, it was held in Wild's case, 6 Rep. 17, that where lands are devised to a person and his children, and he has no child at the time of the devise, the parent takes an estate tail; for it is said that “the intent of the devisor is manifest and certain that the children (or issues) should take, and, as immediate devisees, they cannot take, because they are not in rerum natura / and by way of remainder they cannot take, for that was not his (the devisor’s) intent, for the gift is immediate; therefore such words shall be taken as -words of limitation.” But, it is…
2Cited by12 opinions
- Ziegler v. . LoveSupreme Court of North Carolina · 1923
- Daniel v. . BassSupreme Court of North Carolina · 1927
- Cole v. . ThorntonSupreme Court of North Carolina · 1920
- Silliman v. . WhitakerSupreme Court of North Carolina · 1896
- Leggett v. . SimpsonSupreme Court of North Carolina · 1918
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