Jones v. . Potter
Supreme Court of North Carolina
EjectmeNT tried at July Special Term, 1883, of Watauga Superior Court, before Gudejer, J. On the trial the plaintiff' offered in evidence: 1. A deed bearing date September 27tb, 1847, from John Macus to Enoch Potter and wife Hannah Potter, giving the land in' dispute to them and their heirs. 2. A deed in fee from Enoch and Hannah Potter to Daniel IB.
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EjectmeNT tried at July Special Term, 1883, of Watauga Superior Court, before Gudejer, J. On the trial the plaintiff' offered in evidence: 1. A deed bearing date September 27tb, 1847, from John Macus to Enoch Potter and wife Hannah Potter, giving the land in' dispute to them and their heirs. 2. A deed in fee from Enoch and Hannah Potter to Daniel IB. Potter, dated July 4th, 1873, but reserving a life estate to Enoch and Hannah. 3. A deed of lease from Hannah Potter and Daniel B. Potter to the plaintiff, dated January 26tb, 1880, for the term of five years. It was in evidence that at the time…
1Opinion of the CourtAshe, J.
We are of opinion there was no error in the charge of the court to the jury. The first instruction asked by the defendant was properly refused, and the second exception, under the facts of the case, was altogether immaterial.
The deed from Macus to Enoch and Hannah Potter, as was properly admitted on the trial, passed to them an estate by entire-ties, and the deed made by them to Daniel B. Potter only conveyed to him the remainder after the determination of the life estate, which was reserved to them by the same instrument. The effect of the deed to Daniel B. Potter was simply to convey to him…
2Cases cited1 opinion
- Torrey v. . TorreyNew York Court of Appeals · 1856
3Cited by7 opinions
- Stamper v. . StamperSupreme Court of North Carolina · 1897
- Ray v. Long.Supreme Court of North Carolina · 1903
- Central Bank & Trust Co. v. WyattSupreme Court of North Carolina · 1925
- Savage v. . LeeSupreme Court of North Carolina · 1884
- Greenlee v. . McCelveySupreme Court of North Carolina · 1885
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