Kirkman v. . Smith
Supreme Court of North Carolina
Civil actioN, heard by Cline, J., oil demurrer, at June Term, 1917, of Mbcklunbueg. The plaintiffs alleged in their complaint: 1. That the defendant made and executed a written agreement, by which he contracted to purchase a certain tract of land in Clear Creek Township, containing 132 acres, from the plaintiffs, for $4,000 provided the plaintiffs can convey a good title in fee to the same. 2. In pursuance of said written agreement, the plaintiffs have tendered a deed…
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Civil actioN, heard by Cline, J., oil demurrer, at June Term, 1917, of Mbcklunbueg. The plaintiffs alleged in their complaint: 1. That the defendant made and executed a written agreement, by which he contracted to purchase a certain tract of land in Clear Creek Township, containing 132 acres, from the plaintiffs, for $4,000 provided the plaintiffs can convey a good title in fee to the same. 2. In pursuance of said written agreement, the plaintiffs have tendered a deed sufficient in form to convey to the defendant the lands described in the written agreement hereinbefore set out, and have…
1Opinion of the Court
Walker, J.,
after stating the case: It is clear that by the deed, which has been tendered, an absolute fee simple title would not pass to the purchaser of the land, if the deed should be accepted. Tbe clause of the will in question is the same as if it bad read, “To Margaret Kirkman for life, and then to Guy Kirkman and Marvin Kirkman and their heirs, and if they should die without any bodily heirs, then the land to go over to the Flow heirs.” This follows from the provision of our statute (Revisal, see. 3138), that every devise of real estate shall be held and construed to be a devise in fee…
2Cases cited3 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Whitesides v. . CooperSupreme Court of North Carolina · 1894
3Cited by13 opinions
- Reid v. . NealSupreme Court of North Carolina · 1921
- Elmore v. AustinSupreme Court of North Carolina · 1950
- Wachovia Bank & Trust Co. v. MillerSupreme Court of North Carolina · 1943
- Ziegler v. . LoveSupreme Court of North Carolina · 1923
- Kirkman v. . SmithSupreme Court of North Carolina · 1918
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