Edgerton v. . Aycock
Supreme Court of North Carolina
Civil action for the price of land, tried before’ Tim-berlake, J., at April Term, 1898, of Wayne Superior Court. The plaintiff contracted to sell the land to the defendant, tendered him a fee simple deed and demanded the price agreed. The defendant refused to pay the price and take the deed, contending that the title which plaintiff had acquired only amounted to a life estate.
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Civil action for the price of land, tried before’ Tim-berlake, J., at April Term, 1898, of Wayne Superior Court. The plaintiff contracted to sell the land to the defendant, tendered him a fee simple deed and demanded the price agreed. The defendant refused to pay the price and take the deed, contending that the title which plaintiff had acquired only amounted to a life estate. His Honor held as a matter of law that the deed under which the plaintiff claimed from Nathan Edgerton and wife, dated February 2, 1872, conveyed to him the fee and rendered judgment in favor of plaintiff. Defendant…
1Opinion of the Court
Eaircloth, C. J.:
The controlling words of the deed from Nathan Edgerton to E. P.. Edgerton are these: “Do lend to the said E. P. Edgerton during his natural life” a certain tract of land and in the' habendum: ‘ ‘To have and to hold the same with the appurtenances thereunto belonging, to the said E. P. Edgerton, his natural life, and at the death of the said E. P. Edger-ton, we .... have given, granted, aliened, released and confirmed, and by these presents do give, grant, alien, release and confirm unto the lawful heirs of the said E. P. Edgerton and their heirs, executors, administrators and…
2Cases cited1 opinion
- Chamblee v. . BroughtonSupreme Court of North Carolina · 1897
3Cited by11 opinions
- Sessoms v. . SessomsSupreme Court of North Carolina · 1907
- Smith v. . SmithSupreme Court of North Carolina · 1917
- Hartman v. . FlynnSupreme Court of North Carolina · 1925
- Waller v. . BrownSupreme Court of North Carolina · 1929
- Marsh v. Griffin.Supreme Court of North Carolina · 1904
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