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52 N.C. 430

McRae v. . Williams

Supreme Court of North Carolina

Decided June 5, 1860

Supreme Court of North Carolina · decided 1860-06-05

This was an action of ejectmeNT, tried before ShepheRD, J., at the last Spring Term of Montgomery Superior Court. The lessor of the plaintiff, in order to show title to the land, described in the declaration, gave in evidence a deed from the defendant to Murphy McRae, dated October 21st, 1845, then a deed from Murphy McRae to James M. Lilly, dated in 1854, and a deed to the lessor, William McRae, in 1857. The demise is laid on the 1st day of May, 1S57.

Cited by 2 later decisions — most recently April 1938

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-06-05

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Pearson, C. J.

¶1 The legal effect, of the deed, executed by Williams to Murphy McRae, was to pass to him an estate for his own life. There is nothing to support the notion, that a deed may be color of title, so as to have effect beyond the estate which it professes to pass. It is clear, that the possession of Murphy McRae, could not operate in respect to Williams as an adverse possession, during the continuance of the life-estate, created by the deed from Williams to McRae.

¶2*431 If it was the object of the parties, to create a fee simple estate, and the purpose was defeated by the omission of the word “ heirs,” relief may be obtained in a court of Equity, by the correction of the mistake in the deed; but it cannot be effected by a short cut, in a court of Law. These questions are too plain to admit of argument. There is no error.

Pee Cueiam,

¶3 Judgment affirmed.

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