Smith v. . Witter
Supreme Court of North Carolina
Appeal by defendant from Qline, J., at the June Term, 1917, of MeckleNbubg. This is an action to compel the defendant W. M. Witter to perform his contract to buy the property herein below described, for the sum of $5,000, upon the tender of a deed by the plaintiff. The defendant refused to accept the deed on the ground that it did not convey an indefeasible fee-simple title.
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Appeal by defendant from Qline, J., at the June Term, 1917, of MeckleNbubg. This is an action to compel the defendant W. M. Witter to perform his contract to buy the property herein below described, for the sum of $5,000, upon the tender of a deed by the plaintiff. The defendant refused to accept the deed on the ground that it did not convey an indefeasible fee-simple title. The court held that the plaintiff was and is able to make to the defendant a fee-simple title according to the tenor of the said contract, and upon the execution of the said deed to the defendant to the foregoing three…
1Opinion of the CourtAllen, J.
The deed under which the plaintiff claims was considered in Springs v. Hopkins, 171 N. C., 488, and it was there held that the children of W. Me. Smith and wife, who survived their parents, to-wit, Lillian Smith, Junius Smith, and Julia E. Smith, took an estate in fee with the right of successive survivorships, defeasible upon the death of said children without issue, and in that event over to Anna B. Lee and B. Rush Leo and to the survivor of them in fee, defeasible upon the' death of both without issue, in which last event the title would pass to W. H. Bailey in trust for the sole and…
2Cases cited11 opinions
- Springs v. ScottSupreme Court of North Carolina · 1903
- Hobgood v. HobgoodSupreme Court of North Carolina · 1915
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- Beacom v. AmosSupreme Court of North Carolina · 1913
- Kornegay v. MillerSupreme Court of North Carolina · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Pendleton v. WilliamsSupreme Court of North Carolina · 1918
- Dawson v. . WoodSupreme Court of North Carolina · 1919
- Beam v. . GilkeySupreme Court of North Carolina · 1945
- Butler v. . WinstonSupreme Court of North Carolina · 1943
- Pendleton v. . WilliamsSupreme Court of North Carolina · 1918
5 more not listed; retrieve them via the Exa API.