Buckner v. . Maynard

We think the only question for our decision is whether the deed from James Buckner and Sarah Ann Buckner vested a fee-simple title in Eller Riddle, or an estate as tenants iii common in Eller Riddle and her children. We think an estate vested as tenants in common in Eller Riddle and her children.

There is no question under our authorities that standing alone the language under the witnesseth clause “do grant, bargain, sell and convey to the said Eller Biddle and children her bodily heirs and assigns” would convey a fee simple. Harrington v. Grimes, 163 N. C., 76.

In the Harrington case, supra,…