Richmond Cedar Works v. Roper Lumber Co.
Supreme Court of North Carolina
Appeal by plaintiff from Long, J., at June Special Term, 1914, of Gates. Petition to rebear an appeal disposed of at tbe last term without an opinion, tbe Court being equally divided, Associate Justice Brown not sitting. Tbe action is to determine 'tbe title to land and to recover damages for trespass thereon.
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Appeal by plaintiff from Long, J., at June Special Term, 1914, of Gates. Petition to rebear an appeal disposed of at tbe last term without an opinion, tbe Court being equally divided, Associate Justice Brown not sitting. Tbe action is to determine 'tbe title to land and to recover damages for trespass thereon. Tbe plaintiff introduced a grant from tbe State to John Fontaine, of date 10 July, 1788, for tbe purpose of showing title out of tbe State. • Tbe next deed offered by tbe plaintiff was one from Joseph Allyn to George T. 'Wallace, of date 16 March, 1857, which reads as follows: “This…
1Opinion of the CourtAlleN, J.
The deed from Aliya, to Wallace under which the plaintiff claims conveyed only a life estate, as it was made before 1879, and the word “heirs” is nowhere used in connection with the name of the grantee (Cullens v. Cullens, 161 N. C., 346), and as‘the grantee therein is dead, there is a failure of title in the plaintiff unless the deed is reformed and converted into a fee.
The jurisdiction of a court of equity to reform and correct a deed upon the ground of mutual mistake is well established, but it is a jurisdiction which should be cautiously exercised and should be denied except in clear…
2Cases cited9 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Clements v. Life Insurance Co.Supreme Court of North Carolina · 1911
- Cullens v. . CullensSupreme Court of North Carolina · 1913
- Phifer v. . BarnhartSupreme Court of North Carolina · 1883
- Simmons v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of the United States · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Marriott Financial Services, Inc. v. Capitol Funds, Inc.Supreme Court of North Carolina · 1975
- Stratton v. Royal Bank of CanadaCourt of Appeals of North Carolina · 2011
- Grimes v. . AndrewsSupreme Court of North Carolina · 1915
- Boone v. . LeeSupreme Court of North Carolina · 1918
- M. P. Hubbard & Co. v. HorneSupreme Court of North Carolina · 1932
5 more not listed; retrieve them via the Exa API.