Blair v. . Osborne
Supreme Court of North Carolina
Special Proceeding for 'partition of land commenced before the probate court and heard at Fall Term, 1880, of Mecklenburg Superior Court, before Seymour, J. The defendants made the defence of “sole seizin” and thereupon the ease was transferred to the superior court where several issues were submitted to the jury, all of which were found in favor of the plaintiffs, the court reserving the question as to the-effect of the deed from Margaret Blair to Araminta Blair (mother of…
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Special Proceeding for 'partition of land commenced before the probate court and heard at Fall Term, 1880, of Mecklenburg Superior Court, before Seymour, J. The defendants made the defence of “sole seizin” and thereupon the ease was transferred to the superior court where several issues were submitted to the jury, all of which were found in favor of the plaintiffs, the court reserving the question as to the-effect of the deed from Margaret Blair to Araminta Blair (mother of plaintiffs), which deed is as follows; “This indenture made this 21st day of November. 1868, between-Margaret Blair of…
1Opinion of the Court
Ashe, J,
The only question which need be considered in this case turns upon the interpretation of the deed made by Margaret to Araminta Blair. The deed operates as a covenant to stand seized to uses. In the premises of the deed, the land in dispute is given to Araminta alone, and the habendum is to her and her children. Do the children of Araminta take an immediate estate in joint-tenancy with their mother, or an estate in joint-tenancy in remainder for their lives ?
The deed in the absence of any words of inheritance unquestionably conveys only a life estate to the donees, and whether the…
2Cases cited1 opinion
- Powell v. . AllenSupreme Court of North Carolina · 1876
3Cited by15 opinions
- Bryant v. . ShieldsSupreme Court of North Carolina · 1942
- Bryant v. ShieldsSupreme Court of North Carolina · 1942
- Boyd v. . CampbellSupreme Court of North Carolina · 1926
- Wilkins v. NormanSupreme Court of North Carolina · 1905
- Acker v. . PridgenSupreme Court of North Carolina · 1912
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