Tarlton v. Griggs.
Supreme Court of North Carolina
ActioN by Sarab <7. Tarlton against Mary A. Griggs and others, beard by Judge T. A. McNeill and a jury, at December (Special) Term, 1901, of the Superior Court of ANSON County.
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ActioN by Sarab <7. Tarlton against Mary A. Griggs and others, beard by Judge T. A. McNeill and a jury, at December (Special) Term, 1901, of the Superior Court of ANSON County. Plaintiff is the widow of Willis R. Tarlton, from whose will she dissented and filed her petition in this special proceeding, praying to be endowed of the land whereof he was seized and possessed during their coverture, and alleges that her husband died seized and possessed of the land in controversy, described in the petition.' Defendants, who are his devisees, in their answer, aver that said Willis R. Tarlton duly…
1Opinion of the Court
Cook, J.,
after stating the case: Plaintiff was clearly entitled to have the instructions prayed for given to the jury. We learn from the sages of the law, Sir Edward Coke and Sir William Blackstone, that no title passes by deed unless it is delivered. What acts constitute delivery, and when the delivery becomes complete, have been the subjects of much discussion in m'any of the decisions' of our own court as well as in those of other jurisdictions. “No particular form ox ceremony is necessary : it will be sufficient if a party testifies his intention in any manner, whether by action or by…
2Cases cited14 opinions
- Helms v. . AustinSupreme Court of North Carolina · 1895
- Robbins v. RascoeSupreme Court of North Carolina · 1897
- Phillips v. . HoustonSupreme Court of North Carolina · 1858
- Kirk Ex Rel. Kirk v. TurnerSupreme Court of North Carolina · 1826
- Love's Executors v. . HarbinSupreme Court of North Carolina · 1882
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3Cited by24 opinions
- Gaylord v. GaylordSupreme Court of North Carolina · 1909
- Gaylord v. . GaylordSupreme Court of North Carolina · 1909
- Branch Banking & Trust Co. v. CreasySupreme Court of North Carolina · 1980
- Ballard v. BallardSupreme Court of North Carolina · 1949
- Branch Banking & Trust Co. v. CreasySupreme Court of North Carolina · 1980
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