Heath v. . Heath
Supreme Court of North Carolina
PktitioN for the sale for partition of land, filed before the Clerk of Mecklenburg- Superior Court and, upon demurrer being filed by defendants, transferred to the Judge of the District and heard by consent before Melver, J., at Chambers in Hendersonville, December 5, 1893. The petition alleged that Joseph McLaughlin by deed dated in January, 1881, conveyed the land described in the petition to the feme plaintiff, Annie M. Heath, “and her children.”
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PktitioN for the sale for partition of land, filed before the Clerk of Mecklenburg- Superior Court and, upon demurrer being filed by defendants, transferred to the Judge of the District and heard by consent before Melver, J., at Chambers in Hendersonville, December 5, 1893. The petition alleged that Joseph McLaughlin by deed dated in January, 1881, conveyed the land described in the petition to the feme plaintiff, Annie M. Heath, “and her children.” “ 2. That at the time said deed was executed hv the said /Joseph McLaughlin, the father of the said feme plaintiff, she had no child born, but…
1Opinion of the Court
Shepherd, C. J.:
In the case of Dupree v. Dupree (Bush. Eq., 164) it was decided that by a conveyance like the present where a child en ventre sa mere is to take directly and not in succession the child can take nothing. The reason assigned by Pearsox, J., is because “there being no trustee to keep the uses open, the conveyance must take effect immediately or not at all.” “ There must be a grantor and a grantee and a thing granted. ’ ’ Alth ough it appeared, as it probably does in this case, that the children to be thereafter born were to take as tenants in common with their parent, the…
2Cases cited2 opinions
- Hampton v. . WheelerSupreme Court of North Carolina · 1888
- Hunt v. . SatterwhiteSupreme Court of North Carolina · 1881
3Cited by10 opinions
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Cullens v. . CullensSupreme Court of North Carolina · 1913
- Cooper v. BlanckLouisiana Court of Appeal · 1923
- Davis v. HollingsworthSupreme Court of Georgia · 1901
- In re SeaboltDistrict Court, W.D. North Carolina · 1902
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