Cullens v. . Cullens
Supreme Court of North Carolina
Appeal from Webb, J., at October Term, 1912, of Heiíteoed. Petition for partition of land, commenced before tbe clerk of tbe Superior Court of Hertford County and tried upon issues joined before bis Honor, Judge Webb, at October Term, 1912. Tbe plaintiffs allege that Sarab A. Cullens died seized in fee of said lands, and at ber death tbey descended to ber children, tbe plaintiffs and defendant William E. Cullens.
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Appeal from Webb, J., at October Term, 1912, of Heiíteoed. Petition for partition of land, commenced before tbe clerk of tbe Superior Court of Hertford County and tried upon issues joined before bis Honor, Judge Webb, at October Term, 1912. Tbe plaintiffs allege that Sarab A. Cullens died seized in fee of said lands, and at ber death tbey descended to ber children, tbe plaintiffs and defendant William E. Cullens. Tbe defendant William E. Cullens answers that be denies section 2 and alleges that Sarab A. Cullens died seized in fee of only an undivided one-fourtb (%) interest in tbe land…
1Opinion of the CourtBkowN, J.
Tbe only question presented on this appeal is, What interest has tbe defendant William E. Cullens in tbe land sold for partition ?
It is admitted tbat William Lassiter owned tbe land in controversy and on 16 August, 1865, conveyed tbe same by deed to bis daughter Sarab A. Cullens and her children, reserving a life estate to himself and bis wife, Partbenia.
Tbe language of tbe deed in tbe premises is “unto Sarab A. Cullens and her children,” and in tbe habendum, “unto her tbe said Sarab A. Cullens and her children forever.”
There is a clause of warranty in these words:, “and I, tbe said William…
2Cases cited9 opinions
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Vickers v. . LeighSupreme Court of North Carolina · 1889
- Carolina Real Estate Co. v. BlandSupreme Court of North Carolina · 1910
- Dupree v. . DupreeSupreme Court of North Carolina · 1853
- Anderson v. . LoganSupreme Court of North Carolina · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Whitley v. ArensonSupreme Court of North Carolina · 1941
- Boyd v. . CampbellSupreme Court of North Carolina · 1926
- Burton v. . CahillSupreme Court of North Carolina · 1926
- Byrd v. . PattersonSupreme Court of North Carolina · 1948
- Ziegler v. . LoveSupreme Court of North Carolina · 1923
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