Oxendine v. Lewis

A former appeal in this case, wherein Roy Oxendine *672was plaintiff and H. S. Lewis was defendant, is reported in 251 N.C. 702, 111 S.E. 2d 870, and was remanded for additional parties. Since the former appeal, Roy Oxendine has died. In the former appeal, and in parts of the record the Christian name of Malinda Oxendine Hunt is set forth as Melinda. We use here Malinda as it appears in the photostatic copy of the deed.

The granting clause in the Roy Oxendine deed conveys to Malinda Oxendine Hunt an unqualified fee simple estate. The habendum clause contains no limitation on the fee thus conveyed,…