John L. Roper Lumber Co. v. Herrington
Supreme Court of North Carolina
Appeal by plaintiff from Ferguson, J., at November Special Term, 1921, of WASHINGTON. In 1882, H. J. Williams and wife executed a deed reciting in tbe premises and in tbe habendum a conveyance to Annie W. Herrington and Mary E. Lewis for tbeir natural life, “and at tbeir death, then to tbeir children, reserving a life estate in said land for H. P. Lewis and bis wife, Ella E. Lewis,” tbe parents of Annie W. Herrington'and Mary Lewis.
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Appeal by plaintiff from Ferguson, J., at November Special Term, 1921, of WASHINGTON. In 1882, H. J. Williams and wife executed a deed reciting in tbe premises and in tbe habendum a conveyance to Annie W. Herrington and Mary E. Lewis for tbeir natural life, “and at tbeir death, then to tbeir children, reserving a life estate in said land for H. P. Lewis and bis wife, Ella E. Lewis,” tbe parents of Annie W. Herrington'and Mary Lewis. Following tbe description of tbe land is a provision that Annie W.' Herrington should have and possess tbe eastern iiart of tbe land conveyed during her natural…
1Opinion of the CourtAdams, J.
His Honor held as a conclusion of law that tbe commissioner’s deed did not convey to tbe purchaser tbe interest of William Knowles and Robert Knowles, or tbe interest of any child that might thereafter be born to Mary Lewis Knowles, and directed a qualified affirmative answer to the first issue. The exceptions call in question the correctness of this ruling and of the judgment rendered on the verdict. The judgment was determined chiefly by the answer to the first issue; and the answer to the first issue was no doubt determined by his Honor’s interpretation of the Williams deed.
In the granting…
2Cases cited4 opinions
- Springs v. ScottSupreme Court of North Carolina · 1903
- Hodges v. Lipscomb.Supreme Court of North Carolina · 1901
- Watson v. . WatsonSupreme Court of North Carolina · 1857
- Ex Parte YanceySupreme Court of North Carolina · 1899
3Cited by20 opinions
- Reynolds Ex Rel. Cannon v. ReynoldsSupreme Court of North Carolina · 1935
- Wachovia Bank and Trust Company v. JohnstonSupreme Court of North Carolina · 1967
- Commercial National Bank of Charlotte v. AlexanderSupreme Court of North Carolina · 1924
- Perry v. BassengerSupreme Court of North Carolina · 1941
- Boyd v. . CampbellSupreme Court of North Carolina · 1926
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