Jeffries v. Parker - Supreme Court of North Carolina No. 741

Jeffries v. Parker

By Supreme Court of North Carolina No. 741

  • Release Date - Published: 1953-01-06
  • Book Genre: Law
  • Author: Supreme Court of North Carolina No. 741
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Jeffries v. Parker Supreme Court of North Carolina No. 741 read online review & book description:

When the granting clause in a deed to real property conveys an unqualified fee and the habendum contains no limitation on the fee thus conveyed and a fee simple title is warranted in the covenants of title, any additional clause or provision repugnant thereto and not by reference made a part thereof, inserted in the instrument as a part of, or following the description of the property conveyed, or elsewhere other than in the granting or habendum clause, which tends to delimit the estate thus conveyed, will be deemed mere surplusage without force or effect. Artis v. Artis, 228 N.C. 754, 47 S.E.2d 228, and cases cited; Kennedy v. Kennedy, 236 N.C. 419; Whitley v. Arenson, 219 N.C. 121, 12 S.E.2d 906; McNeill v. Blevins, 222 N.C. 170, 22 S.E.2d 268. This is now settled law in this jurisdiction. Krites v. Plott, 222 N.C. 679, 24 S.E.2d 531, and Jefferson v. Jefferson, 219 N.C. 333, 13 S.E.2d 745, to the extent they conflict with this conclusion, have been overruled.

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