Doe Ex Dem. Woods v. Woods
Supreme Court of North Carolina
Ejectment, tried before Settle', Judge, at Orange, on the last Spring Circuit, upon the following statement of facts, as of a case agreed between the parties : The tract of land originally belonged to one Joseph Woods, deceased, who devised the same as follows :— “ I give to Lambert Woods, my grandson, the tract of land “ whereon I now live and reside, containing two hundred and “ twenty-five acres, more or less, provided the said Lambert “Woods shall pay to my grandson, Eli…
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Ejectment, tried before Settle', Judge, at Orange, on the last Spring Circuit, upon the following statement of facts, as of a case agreed between the parties : The tract of land originally belonged to one Joseph Woods, deceased, who devised the same as follows :— “ I give to Lambert Woods, my grandson, the tract of land “ whereon I now live and reside, containing two hundred and “ twenty-five acres, more or less, provided the said Lambert “Woods shall pay to my grandson, Eli Woods, son of John “Woods, deceased, the sum of three hundred dollars.” Eli Woods died in the lifetime of the devisor,…
1Opinion of the CourtNash, C. J.
The question argued at the bar does not arise in this case. It is not on a covenant but upon a devise, in which ,the question is generally one of intention. A covenant is a con tract under seal, made by the parties, in which they mutually state what is to be performed by each 5 and it is always important to ascertain from the covenant itself, in what order their several liabilities arise ; and where any thing is to be done by the plaintiff, before he can call on the defendant, it must be stated in the declaration, and proved as stated. Thus the plaintiff must allege the performance of a…
2Cited by10 opinions
- Schrader v. SchraderSupreme Court of Iowa · 1912
- Allen v. . AllenSupreme Court of North Carolina · 1897
- In Re Estate of PhearmanSupreme Court of Iowa · 1930
- Buttram v. FinleyCalifornia Court of Appeal · 1940
- Lynch v. . MeltonSupreme Court of North Carolina · 1909
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