Elizabeth Ivey v. . Sarah A. Granberry
Supreme Court of North Carolina
This was a civil action submitted to His Honor Judge Pool, on a case agreed at Fall Term, 1871, oí Perquimans Superior Court.
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This was a civil action submitted to His Honor Judge Pool, on a case agreed at Fall Term, 1871, oí Perquimans Superior Court. From the case agreed it appears that the land sued for formerly belonged to one Sarah Ooulson ; that the plaintiff is the illegitimate daughter of said Sarah; that said Sarah, by deed, executed in 1833, and registered in 1831-, conveyed the premises to the plaintiff, who was then, and continuously remained to 1869, covert; that the deed is expressed to be made in consideration of love and affection, and does not use any of the operative words usually found in deeds,…
1Opinion of the CourtShade, J.
The most ancient and the best kind oí conveyance of land at common law was by foeffrnent, and this might be without writing, and without consideration, it was a gift. It was perfected by livery of seizin. The Ieoffor and feoffee with witnesses, went upon the land, or near it, and the feoffor delivered the latid itself or some symbol of it to the feoffee. By this ceremony of the actual delivery of the possession, the title of the land passed to the feoffee. Subsequently it became common to accompany the feofnnent by a deed or writing, not because it was necessary, but because it was convenient…
2Cases cited2 opinions
- Hogan v. . StrayhornSupreme Court of North Carolina · 1871
- Harrell, Administrator C. v. . Watson and OthersSupreme Court of North Carolina · 1869
3Cited by13 opinions
- Rowland v. . RowlandSupreme Court of North Carolina · 1885
- St. James v. Bagley.Supreme Court of North Carolina · 1905
- Davis v. . InscoeSupreme Court of North Carolina · 1881
- Bryan v. . EasonSupreme Court of North Carolina · 1908
- Jones v. . JonesSupreme Court of North Carolina · 1913
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