Seawell v. . Hall
Supreme Court of North Carolina
1Opinion of the CourtAdams, J.
Whatever the technicalities of the law may formerly have required in the construction of deeds, the modern doctrine does not favor the application of such technical rules as will defeat the obvious intention of the grantor — not the unexpressed purpose which may have existed in his mind, of course, but his intention as expressed in the language he has employed; for it is an elementary rule of construction that, the intention of the parties shall prevail unless it is in conflict with some unyielding canon of construction or settled rule of property, or is repugnant to the terms of the grant.…
2Cases cited12 opinions
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
- Rowland v. . RowlandSupreme Court of North Carolina · 1885
- Jones v. Casualty Co.Supreme Court of North Carolina · 1905
- Davis v. FrazierSupreme Court of North Carolina · 1909
- Beacom v. AmosSupreme Court of North Carolina · 1913
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3Cited by25 opinions
- Smith v. SmithSupreme Court of North Carolina · 1959
- Bryant v. . ShieldsSupreme Court of North Carolina · 1942
- Bryant v. ShieldsSupreme Court of North Carolina · 1942
- Reed v. ElmoreSupreme Court of North Carolina · 1957
- Boyd v. . CampbellSupreme Court of North Carolina · 1926
20 more not listed; retrieve them via the Exa API.