Huntley v. . McBrayer
Supreme Court of North Carolina
This cause was before tbe Court on appeal from a judgment of non-suit, 169 N. 0., 75. Tbe decision affirming tbe nonsuit having been certified down, tbe.present action was instituted by same plaintiffs and proceedings bad as follows: Tbis was a civil action tried before bis Honor, W. J. Adams, judge, and a jury, at February Term, 1916, of tbe Superior Court of Rutherford County.
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This cause was before tbe Court on appeal from a judgment of non-suit, 169 N. 0., 75. Tbe decision affirming tbe nonsuit having been certified down, tbe.present action was instituted by same plaintiffs and proceedings bad as follows: Tbis was a civil action tried before bis Honor, W. J. Adams, judge, and a jury, at February Term, 1916, of tbe Superior Court of Rutherford County. Tbe trial resulted in a verdict and judgment in favor of the defendant, and tbe plaintiffs appealed. Plaintiffs brought their action in tbe Superior Court to term to remove a cloud from their title and recover an…
1Opinion of the CourtHoke, J.
Tbe deed in question by which "William and Jane Henson conveyed tbe property to two of their sons, W. A. and Jason Henson, contained .provision that tbe grantors could retain possession during their natural lives, and stipulation, also, for tbe support of such grantors during such period, operating by way of condition subsequent. Huntley v. McBrayer, 169 N. C., 75; Brittain v. Taylor, 168 N. C., 271; Underhill v. R. R., 20 Barbour, 455.
In deeds of this character tbe right of forfeiture by reason of condition broken, until entry or proper claim made, is not regarded as an estate in the…
2Cases cited9 opinions
- Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
- Chalker v. ChalkerSupreme Court of Connecticut · 1814
- Barrie v. SmithMichigan Supreme Court · 1881
- Harwood v. Shoe.Supreme Court of North Carolina · 1906
- Brittain v. TaylorSupreme Court of North Carolina · 1915
4 more not listed; retrieve them via the Exa API.
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