Whitson v. Barnett

Does a deed “to Roy Whitson and Bodily heirs, and their heirs and assigns” enable Roy Whitson to convey the entire interest in the land in fee simple ?

Unquestionably if the expression in the granting clause of the deed had been to Roy Whitson and his bodily heirs, and no more, by virtue of the statute G.S. 41-1, and under the uniform decisions of this Court', Roy Whitson would have acquired and could convey an unexceptionable title. Whitley v. Arenson, 219 N.C. 121, 12 S.E. 2d 906; Bank v. Dortch, 186 N.C. 510, 120 S.E. 60; Revis v. Murphy, 172 N.C. 579, 90 S.E. 573; Marsh v. Griffin, 136…