Den Ex Dem. of Roberts v. Forsythe
Supreme Court of North Carolina
EjectmeNt, tried before his. Honor Judge Strawge, on the fall circuit of 1830. On the trial, the lessor of the plaintiff claimed title tinder a deed from one James Veaaey to one William Jones,- and by other mesne conveyances to hihisclf. The defendant proved that William Jones was dead, and objected, that the deed from- Veaaey to him created only an estate for the life of the vendee.
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EjectmeNt, tried before his. Honor Judge Strawge, on the fall circuit of 1830. On the trial, the lessor of the plaintiff claimed title tinder a deed from one James Veaaey to one William Jones,- and by other mesne conveyances to hihisclf. The defendant proved that William Jones was dead, and objected, that the deed from- Veaaey to him created only an estate for the life of the vendee. This deed was in the usual form to the habendum, when it proceeded as follows : “ to have and to hold the aforesaid land and pre- “ mises, with all houses, orchards, &c. and all other “ and singular the…
1Opinion of the Court
Ham,, Judge
It is a position disputed hy no one, that ii it is intended to create a fee in the grantee, either by conveyance, at common law, or under the statute of uses, the conveyance must be made- to the, grantee and his heirs. If it be to the grantee, without superadding the word heirs, only a life estate passes. That appears to be the case in the deed from Veaaey.' The words heirs of the grantee, are used in no part of the deed, ex- eeptinthe danse of warranty, or the clause for covenant of warranty. If it is considered as a warranty, altho’ the warranty is made to the grantee and his…
2Cited by5 opinions
- Simpson v. BrownSupreme Court of Georgia · 1926
- Coble v. . BarringerSupreme Court of North Carolina · 1916
- Allen v. . BaskervilleSupreme Court of North Carolina · 1898
- Hardison v. LilleySupreme Court of North Carolina · 1953
- Bond v. Cashie & Chowan Railroad & Lumber Co.Supreme Court of North Carolina · 1900