Smith v. . Brisson
Supreme Court of North Carolina
Ejectmbkt tried at Spring Terra, 1883, of Robeson Superior Court, before MacRae, J. Tbc action way tried by the court upon a ease agreed and a jury trial waived, except as to the amount of damages.
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Ejectmbkt tried at Spring Terra, 1883, of Robeson Superior Court, before MacRae, J. Tbc action way tried by the court upon a ease agreed and a jury trial waived, except as to the amount of damages. It was agreed that both the plaintiffs and defendants claim under a deed executed by Rowland Mercer, Sr., to Rowland Mercer, Jr., dated the 30th of August, 1859, the important part of which is as follows: “For and in consideration of the natural love and affection I have for my sou, Rowland Mercer, and the further sum of one dollar to him in hand paid, the receipt of which is hereby acknowledged,…
1Opinion of the CourtAsms, J.
Both parties to this action claim title to the land described in the complaint under the deed executed by Rowland Mercer, Sr., to Rowland Mercer, Jr., on the 30th day of August, 1859.
The plaintiffs contend that the deed conveyed an absolute estate in fee simple in the land to Rowland. Mercer, Jr., and by his will the fee simple title to the same was devised to the feme plaintiff.
The defendants, on the other hand, insist that the deed conveyed only a determinable fee to Rowland Mercer, Jr., which terminated by his death without children, and vested an absolute fee simple, by the limitation in…
2Cases cited1 opinion
- McBee and Others, Ex ParteSupreme Court of North Carolina · 1869
3Cited by31 opinions
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Rowland v. . RowlandSupreme Court of North Carolina · 1885
- May v. Lewis.Supreme Court of North Carolina · 1903
- Sessoms v. . SessomsSupreme Court of North Carolina · 1907
- Willis v. Mutual Loan & Trust Co.Supreme Court of North Carolina · 1922
26 more not listed; retrieve them via the Exa API.