Bryan v. . Eason
Supreme Court of North Carolina
ActioN tried before Jones, J., at March Term, 1907, of Joi-INSTON. This proceeding was brought before the Clerk for the partition of land and transferred to the Superior Court for trial upon the issues raised by the pleadings.
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ActioN tried before Jones, J., at March Term, 1907, of Joi-INSTON. This proceeding was brought before the Clerk for the partition of land and transferred to the Superior Court for trial upon the issues raised by the pleadings. It was referred to1 Hon. E. A. Daniels, from whose findings of fact it appears that, on 12 August, 1857, Betsy Eason, being the owner of the tract of land described in the petition, joined with her husband, John Eason, in the execution of a deed for the same to their sons, Julius C. Eason and John V. Eason, by which they conveyed to them the said tract of land in fee,…
1Opinion of the Court
Walker, ■ J.
The first question to be determined is as to the effect of the three paper-writings executed by John and Betsy Eason,' 12 August, 1851. Do they all constitute one deed, or is the first of the writings to be treated as separate and distinct from the others and to> be regarded as a deed com veying the land in fee to Julius O. and John V. Eason in severalty, each taking the part allotted to him ? These writings were all executed at one and the same time and, in our opinion, must be considered together as intended to be one deed. Helms v. Austin, 116 N. C., 751. But whether this is so…
2Cases cited19 opinions
- Rowland v. . RowlandSupreme Court of North Carolina · 1885
- City of San Francisco v. LawtonCalifornia Supreme Court · 1861
- Vickers v. . LeighSupreme Court of North Carolina · 1889
- Smith v. . BrissonSupreme Court of North Carolina · 1884
- Hallyburton v. Slagle.Supreme Court of North Carolina · 1903
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3Cited by25 opinions
- Bryant v. . ShieldsSupreme Court of North Carolina · 1942
- Bryant v. ShieldsSupreme Court of North Carolina · 1942
- Beacom v. AmosSupreme Court of North Carolina · 1913
- Carolina Real Estate Co. v. BlandSupreme Court of North Carolina · 1910
- Coble v. . BarringerSupreme Court of North Carolina · 1916
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