Tocci v. . Nowfall

BARNHILL and WINBORNE, JJ., concur in dissent. The Industrial Realty Company, a North Carolina corporation, was granted a charter on 15 December, 1924, and amongst other things had power to engage generally in the real estate business. Some time thereafter in a deed filed for registration on 15 May, 1925, G. A. Marsh and wife conveyed to "Industrial Realty Company, a Corporation, as Trustee," a large number of lots, including the lot which is the subject of this controversy. Thehabendum clause and succeeding clause are as follows:

"TO HAVE AND TO HOLD the aforesaid lots of land, together with…