Blackledge v. . Simmons
Supreme Court of North Carolina
Appeal by defendant from Connor, J., at February Term, 1920, of CRAVEN. Tbis is a civil action to settle tbe title to tbe land in dispute, tbe parties agreeing as to tbe facts of tbe case. It will suffice to state as briefly as we can tbeir respective contentions, as tbey will fully disclose tbe nature of tbe controversy.
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Appeal by defendant from Connor, J., at February Term, 1920, of CRAVEN. Tbis is a civil action to settle tbe title to tbe land in dispute, tbe parties agreeing as to tbe facts of tbe case. It will suffice to state as briefly as we can tbeir respective contentions, as tbey will fully disclose tbe nature of tbe controversy. On 26 January, 1821, Edmond Hatch devised tbe land in controversy by bis will, wbicb is duly recorded in tbe clerk’s office of Craven County, N. C. It is under tbis will tbat botb plaintiff and defendant claim title. Item 3 of tbe will is as follows: “I-give unto my daughter…
1Opinion of the Court
WalKee, J.,
after stating the case: This appeal requires that we should determine again, as this Court has in many similar cases- before, whether the rule in Shelley’s case applies to its facts. This rule is considered to be of the highest antiquity, Judge Blackstone having so stated in his argument of Perrin v. Blake, 4 Burr., 2579 (1 Blackstone’s Rep., 672; Doug. Rep. (3 ed.), 343, and note 1; Hargr. Law Tracts, 490), and added that the same principle was first established in a case reported as far back as 18 Edward, 2. 1 Fearne on Remainders, p. 85 (4 Am. Ed. and 10 London Ed.). He held it…
2Cases cited15 opinions
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Whitesides v. . CooperSupreme Court of North Carolina · 1894
- Puckett v. . MorganSupreme Court of North Carolina · 1912
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Reid v. . NealSupreme Court of North Carolina · 1921
- Hampton v. GriggsSupreme Court of North Carolina · 1922
- Williamson v. CoxSupreme Court of North Carolina · 1940
- Hampton v. . GriggsSupreme Court of North Carolina · 1922
- Williamson v. . CoxSupreme Court of North Carolina · 1940
13 more not listed; retrieve them via the Exa API.