Willis v. Mutual Loan & Trust Co.
Supreme Court of North Carolina
Appeal by defendant from Connor, J., at February Term, 1922, of ROBESON. Controversy submitted without action on case agreed. Judgment for plaintiffs; defendant appealed.
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Appeal by defendant from Connor, J., at February Term, 1922, of ROBESON. Controversy submitted without action on case agreed. Judgment for plaintiffs; defendant appealed. J. S. J. Regan, unmarried and seized, in fee, executed to bis grantee a deed, the material parts of wbicb are as follows: “This deed, made this 31 January, 1882, by Joseph Samuel Jenkins Regan, of Robeson County, State of North Carolina, to his daughter, Mary Regan, and her bodily heirs, of Robeson County and State of North Carolina. “Witnesseth, that said Joseph S. J. Regan, for and in consideration of the sum of $1,000,…
1Opinion of the CourtAdams, J.
The plaintiffs contend that the deed should be considered with regard to its formal division into parts, that the last clause, because repugnant to the estate conveyed in the premises, is void, and in consequence that the grantor conveyed to Mary Regan an estate in fee. They rely in part upon the common-law principle that a fee acquired in the premises cannot be divested by the habendum. Blackstone says: “The office of the habendum is properly to determine what estate or interest is granted by the deed; though this may be performed, and sometimes is performed, in the premises. In which case…
2Cases cited24 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Whitesides v. . CooperSupreme Court of North Carolina · 1894
- Puckett v. . MorganSupreme Court of North Carolina · 1912
- Jones v. . WhichardSupreme Court of North Carolina · 1913
19 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Elmore v. AustinSupreme Court of North Carolina · 1950
- Whitley v. ArensonSupreme Court of North Carolina · 1941
- Perry v. BassengerSupreme Court of North Carolina · 1941
- Perry v. . BassengerSupreme Court of North Carolina · 1941
- Williamson v. CoxSupreme Court of North Carolina · 1940
30 more not listed; retrieve them via the Exa API.