Carolina Real Estate Co. v. Bland
Supreme Court of North Carolina
Appeal from Guión, January Term, 1910, of Pender. Civil action to determine the title to- land, beard on case agreed. From the facts, as stated, it appears that on 1 January, 1850, one Isaac W. West, of Duplin County, N. C., conveyed to on^e John D. Powers, of New Hanover County, N. C., three tracts of land, properly describing the same, which said deed was duly recorded.
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Appeal from Guión, January Term, 1910, of Pender. Civil action to determine the title to- land, beard on case agreed. From the facts, as stated, it appears that on 1 January, 1850, one Isaac W. West, of Duplin County, N. C., conveyed to on^e John D. Powers, of New Hanover County, N. C., three tracts of land, properly describing the same, which said deed was duly recorded. The premises of said deed were as follows: “This indenture, made this 1st -day of January, A. D. 1850, between Isaac W: West, of Duplin County, of the first part, and John D. Powers, of New Hanover County, of the second part…
1Opinion of the Court
Hoke, J.,
after stating the case: The deed in question bears date in 1850, long prior to the enactment of the statute providing that a deed with or without the word heirs should be construed as a conveyance in fee, “unless such conveyance shall in plain and express words show that the grantor meant to convey an estate of less dignity” (Acts 1819, ch. 148; Code, sec. 1280; ■Revisal, sec. 946), and the rights of these parties will be considered and determined unaffected by that statute.
Speaking, therefore, to the question presented, the Court, in Smith v. Proctor, 139 N. C., 314-319, said: “A…
2Cases cited22 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Vickers v. . LeighSupreme Court of North Carolina · 1889
- Hicks v. . BullockSupreme Court of North Carolina · 1887
- Frakes v. BrownIndiana Supreme Court · 1830
17 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Willis v. Mutual Loan & Trust Co.Supreme Court of North Carolina · 1922
- Whitley v. ArensonSupreme Court of North Carolina · 1941
- Beacom v. AmosSupreme Court of North Carolina · 1913
- Cullens v. . CullensSupreme Court of North Carolina · 1913
- Brown v. . BrownSupreme Court of North Carolina · 1915
14 more not listed; retrieve them via the Exa API.