Legal Opinion

Brittain v. Taylor

Supreme Court of North Carolina

Decided February 17, 1915PublishedCited by 21 opinions

Appeal by .defendants from Bond,, J., at October Term, 1914, of BEAUFORT. This is an action in tbe nature of ejectment to recover tbe land described in tbe complaint, upon tbe theory that tbe ancestor of defendants, Jobn G-. Taylor, bad forfeited bis right and title thereto by reason of bis breach of tbe following stipulation in tbe deed made to him for tbe land by tbe ancestor of tbe plaintiffs, Margaret Taylor: “Tbe said deed is made on this special trust: That tbe said…

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Appeal by .defendants from Bond,, J., at October Term, 1914, of BEAUFORT. This is an action in tbe nature of ejectment to recover tbe land described in tbe complaint, upon tbe theory that tbe ancestor of defendants, Jobn G-. Taylor, bad forfeited bis right and title thereto by reason of bis breach of tbe following stipulation in tbe deed made to him for tbe land by tbe ancestor of tbe plaintiffs, Margaret Taylor: “Tbe said deed is made on this special trust: That tbe said John Gf. Taylor is to 'feed, clothe, and kindly care for tbe said Margaret Taylor all of her natural life,’and should tbe…

1Opinion of the Court

Walker, J.,

after stating tbe facts: Tbe stipulation in tbe deed for support and maintenance is not like those found in tbe cases to which tbe learned counsel for defendant has referred in bis brief and argument, such as Helms v. Helms, 135 N. C., 164; McCardle v. Kennedy, 92 Ga., 198 (44 Am. St., 85), and Pownal v. Taylor, 10 Leigh, 172 (34 Am. Dec., 725), where tbe stipulation merely for support and maintenance of tbe grantor, or some one else, with no words of strict condition or forfeiture, was held to be nothing more than a covenant, for tbe breach of which damages could be recovered, and…

2Cases cited7 opinions

  1. McCardle v. KennedySupreme Court of Georgia · 1893
  2. Harwood v. Shoe.Supreme Court of North Carolina · 1906
  3. Helms v. Helms.Supreme Court of North Carolina · 1904
  4. Wheeler v. WalkerSupreme Court of Connecticut · 1817
  5. Pownal v. TaylorSupreme Court of Virginia · 1839

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3Cited by21 opinions

  1. Hall v. . QuinnSupreme Court of North Carolina · 1925
  2. Crawford v. . WilloughbySupreme Court of North Carolina · 1926
  3. Hinton v. . VinsonSupreme Court of North Carolina · 1920
  4. Peterson v. Universal Automobile InsuranceIdaho Supreme Court · 1933
  5. Mattox v. StateSupreme Court of North Carolina · 1972

16 more not listed; retrieve them via the Exa API.

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