Campbell v. Everhart.
Supreme Court of North Carolina
Actiom by E. G-. Campbell and others against Cbas. Ever-hart and others, heard by Judge Henry B. Bryan and a jury, at the April Term, 1905, of the Superior Court of DavidsoN County. This is an action for the recovery of real property, a parcel of land in Lexington township. Plaintiffs, in support of their claim to title, put in evidence a deed dated November 22, 1870, from Susan Humphreys “to the lawful heirs of B. E. Hilliard and their heirs.”
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Actiom by E. G-. Campbell and others against Cbas. Ever-hart and others, heard by Judge Henry B. Bryan and a jury, at the April Term, 1905, of the Superior Court of DavidsoN County. This is an action for the recovery of real property, a parcel of land in Lexington township. Plaintiffs, in support of their claim to title, put in evidence a deed dated November 22, 1870, from Susan Humphreys “to the lawful heirs of B. E. Hilliard and their heirs.” Hilliard was the son of Susan Humphreys and the plaintiffs are the grandchildren of said Hilliard and claim under the deed for the reason that their…
1Opinion of the Court
WalKer, J.,
after stating the case. The first question raised in this case calls for a construction of the deed from Mrs. Humphreys to the heirs of her son, B. E. Hilliard, and also involves its validity. We have no doubt as to either proposition thus presented. At common law, a 'conveyance could not be made directly to the'heirs of a living person, simply because a living person could have no heirs in presentí. The rule of the law then was, Nemo est haeres viventis. This maxim was originally and generally applied to both wills and deeds and its proper translation was that, “No one can be heir…
2Cases cited22 opinions
- Offutt v. World's Columbian ExpositionIllinois Supreme Court · 1898
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Philadelphia, Wilmington & Baltimore Railroad v. StebbingCourt of Appeals of Maryland · 1884
- Edwards v. LoganCourt of Appeals of Kentucky · 1902
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3Cited by46 opinions
- Wells v. ClaytonSupreme Court of North Carolina · 1952
- State v. . PrinceSupreme Court of North Carolina · 1921
- Whitley v. ArensonSupreme Court of North Carolina · 1941
- Cullens v. . CullensSupreme Court of North Carolina · 1913
- Sineath v. . KatzisSupreme Court of North Carolina · 1941
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