Doe Ex Dem. Cobb v. Hines
Supreme Court of North Carolina
This was an action of ejectment, tried at the Spring Term, 1853, of Wayne Superior Court, before Manly, Judge. The pleas were — not guilty — statute of limitations.
Read the full summary
This was an action of ejectment, tried at the Spring Term, 1853, of Wayne Superior Court, before Manly, Judge. The pleas were — not guilty — statute of limitations. The lessor of the plaintiff, upon the intermarriage of the defendant with his daughter, Cartha, had executed to him a paper writing, of which the material words were as follow : “ Know all men by these presents that I, Enoch Cobb, for the inconsideration of the good will, favor and affection that I bear to Rewards my son and law James M. Hines, I give to the said James M. Hines the following negroes, (Signed) E. COBB, [seal.] I…
1Opinion of the CourtBattle, J.
The deed under which the defendant claims, and by virtue of which he seeks to defeat the recovery of the plaintiff’s lessor, is, as must be admitted, very informal. It is untechnical, ungrammatical, and totally at variance with all the recognized rules of orthography, and yet it may be valid, if “ there be sufficient words to declare clearly and legally the party’s meaning. ’ ’ 2 Black. Com. 298. It is our duty now to inquire whether the words contained in this deed be sufficient to enable us to pronounce what is the party’s meaning. It may facilitate our inquiries to recur to fundamental…
2Cited by7 opinions
- Bryan v. . EasonSupreme Court of North Carolina · 1908
- NEW HOME BUILDING SUPPLY COMPANY v. NationsSupreme Court of North Carolina · 1963
- People v. PerryAppellate Court of Illinois · 1990
- Pope v. BurgessSupreme Court of North Carolina · 1949
- Paul v. . PaulSupreme Court of North Carolina · 1930
2 more not listed; retrieve them via the Exa API.