Nichols v. . Gladden
Supreme Court of North Carolina
Civil aotioN, heard before TimberlaJee, J., at Fall Term, 1895, of ClevelaNd Superior Court, it being agreed that if the Rule in Shelley’s Case should be held to apply in the construction of the deed for the land in controversy, judgment should be rendered for defendants, otherwise for the plaintiffs. The deed was as follows : “State oe Alabama, Benton County.
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Civil aotioN, heard before TimberlaJee, J., at Fall Term, 1895, of ClevelaNd Superior Court, it being agreed that if the Rule in Shelley’s Case should be held to apply in the construction of the deed for the land in controversy, judgment should be rendered for defendants, otherwise for the plaintiffs. The deed was as follows : “State oe Alabama, Benton County. “Whereas, I, Joseph Gladden, of the county of Benton and State of Alabama, have two sons living in the county of Cleveland and State of North Carolina, viz: Harvy I. Gladden and Rufus C. Gladden, and being desirous to secure to them a…
1Opinion of the Court
MONTGOMERY, J.:
It was agreed by the parties in the trial below that if the Rule in Shelley’s case was applicable to the provisions of the deed before the court, judgment should be rendered for the defendants, but that if the rule was not applicable, then judgment should be entered for the plaintiffs. His Honor was-of the opinion that the Rule did not apply and gave judgment for the plaintiffs. The defendants appealed from the judgment.
The law known as the Rule in Shelley’s Case, Mr. Pearne, in his work on Remainders, says, was adopted in the reign of Edward II and had prevailed in England…
2Cases cited8 opinions
- Starnes v. . HillSupreme Court of North Carolina · 1893
- Daniel v. WhartenbySupreme Court of the United States · 1873
- Leathers v. . GraySupreme Court of North Carolina · 1888
- Mills v. . ThorneSupreme Court of North Carolina · 1886
- King v. . UtleySupreme Court of North Carolina · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Reid v. . NealSupreme Court of North Carolina · 1921
- May v. Lewis.Supreme Court of North Carolina · 1903
- Hampton v. GriggsSupreme Court of North Carolina · 1922
- Hampton v. . GriggsSupreme Court of North Carolina · 1922
- Nobles v. . NoblesSupreme Court of North Carolina · 1919
26 more not listed; retrieve them via the Exa API.