Ginn v. . Edmundson
Supreme Court of North Carolina
Civil actioN, tried before Cox, J., at January Term, 1917, of WayNe. This is an action to recover the purchase price of a tract of land which the plaintiff, Mary J. Ginn, has contracted to sell the defendant. The defendant refused to pay the purchase money and to accej)t the deed, upon the ground that the plaintiff has not a good title to the land.
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Civil actioN, tried before Cox, J., at January Term, 1917, of WayNe. This is an action to recover the purchase price of a tract of land which the plaintiff, Mary J. Ginn, has contracted to sell the defendant. The defendant refused to pay the purchase money and to accej)t the deed, upon the ground that the plaintiff has not a good title to the land. On 30 September, 1909, John B. Exum and wife conveyed the land in controversy by deed to J. Hiram G-inn and bis wife, tbe plaintiff Mary J. Ginn. In April, 1910, tbe said J. Hiram Ginn died leaving tbe plaintiff Mary J. Ginn surviving bim, but…
1Opinion of the Court
AlleN, J".
Tbe deed to J. Hiram Ginn and bis wife, Mary, conveyed an estate by tbe entireties, with tbe right of survivorship (Motley v. Whitemore, 19 N. C., 537; Bruce v. Nicholson, 109 N. C., 204), and tbe plaintiff Mary J. Ginn, being tbe survivor, is tbe owner of tbe land in controversy and can convey a good title to tbe defendant unless prevented from doing so by tbe signing of tbe joint will with her husband.
A joint or conjoint will is a testamentary instrument executed by two or more persons, in pursuance of a common intention, for tbe purpose of disposing of their several interests in…
2Cases cited4 opinions
- Bruce v. . NicholsonSupreme Court of North Carolina · 1891
- Den Ex D. Motley v. . WhitemoreSupreme Court of North Carolina · 1837
- In Re Davis' WillSupreme Court of North Carolina · 1897
- In Re Will of ColeSupreme Court of North Carolina · 1916
3Cited by13 opinions
- Godwin v. Wachovia Bank & Trust CompanySupreme Court of North Carolina · 1963
- Williams v. WilliamsSupreme Court of Virginia · 1918
- Spinks v. RiceSupreme Court of Virginia · 1948
- Olive v. BiggsSupreme Court of North Carolina · 1970
- Walston v. ATLANTIC CHRISTIAN COLLEGE (INC.)Supreme Court of North Carolina · 1962
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