Legal Opinion

King v. . Stokes

Supreme Court of North Carolina

Decided December 22, 1899PublishedCited by 8 opinions

CONTROVERSY Without Action, upon case agreed, involving the construction of a deed referred to in the opinion, submitted to his Honor, Moore, <7., at April Term, 1899, of the Superior Court of Pitt County. His Honor decided that the deed in controversy from Shadreck Wooten and wife to Alfred May and Ida Eugenia, his wife, conveyed to them a fee simple estate, which they could convey and ha.d conveyed to R. L. Davis, under whom the defendants claimed.

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CONTROVERSY Without Action, upon case agreed, involving the construction of a deed referred to in the opinion, submitted to his Honor, Moore, <7., at April Term, 1899, of the Superior Court of Pitt County. His Honor decided that the deed in controversy from Shadreck Wooten and wife to Alfred May and Ida Eugenia, his wife, conveyed to them a fee simple estate, which they could convey and ha.d conveyed to R. L. Davis, under whom the defendants claimed. The plaintiff excepted, contending that the remainder in fee was limited to Ida Eugenia and her children. Judgment for defendants. Appeal by…

1Opinion of the CourtEairclotii, C. J.

Upon the agreed facts we are asked to construe a deed included in the record. The material parts are that Shadreck Wooten and wife, reserving a life estate, conveyed as follows: “Unto Alfred May during the term of his natural life, and after his death to his wife, the said Ida Eugenia, and her children,” the following tract of land

-x- * -x- kave a5ic[ to hold unto them, the said parties of the second part, their heirs and assigns forever.” The question submitted is: “Did the deed convey to said Alfred and wife a fee simple .title to the land therein described, which they could alien and…

2Cases cited3 opinions

  1. Hampton v. . WheelerSupreme Court of North Carolina · 1888
  2. Moore v. . LeachSupreme Court of North Carolina · 1857
  3. Gay v. . BakerSupreme Court of North Carolina · 1860

3Cited by8 opinions

  1. Byrd v. . PattersonSupreme Court of North Carolina · 1948
  2. Tart v. . TartSupreme Court of North Carolina · 1911
  3. Whitehead v. . WeaverSupreme Court of North Carolina · 1910
  4. Buckner v. . MaynardSupreme Court of North Carolina · 1930
  5. Lewis v. . StancilSupreme Court of North Carolina · 1911

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