Swaim v. Swaim

Supreme Court of North Carolina

Swaim v. Swaim

69 S.E.2d 534, 235 N.C. 277, 1952 N.C. LEXIS 380

CourtSupreme Court of North Carolina

DecidedMarch 19, 1952

Docket236

StatusPublished

Cited by5 cases

This text of 69 S.E.2d 534 (Swaim v. Swaim) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Swaim v. Swaim, 69 S.E.2d 534, 235 N.C. 277, 1952 N.C. LEXIS 380 (N.C. 1952).

Pincite

Opinion

'WinboRNE, J.

Since the sole error assigned by appellants on this appeal is to the signing of the judgment appearing of record, this is the pivotal question: Did the deed, Exhibit A, from Guthrie C. Pinnix and wife, Lula Pinnix, to Milas A. Swaim and wife, Ella R. Swaim vest in Milas A. Swaim and his wife, Ella R. Swaim, an estate by the entirety in fee simple in and to the 28.5 acre tract of land therein conveyed? The judgment is based upon an affirmative answer to this question. The ruling is in keeping with, and will be upheld upon authority of Artis v. Artis, 228 N.C. 754, 47 S.E. 2d 228, and Pilley v. Smith, 230 N.C. 62, 51 S.E. 2d 923, and the statute G.S. 39-1, which provides that a conveyance of real estate shall be held and construed to be a conveyance in fee “unless such conveyance, in plain and express words shows, or it is plainly intended by the conveyance or some part thereof, that the grantor meant to convey an estate of less dignity.”

Affirmed.

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'WinboRNE, J.

Since the sole error assigned by appellants on this appeal is to the signing of the judgment appearing of record, this is the pivotal question: Did the deed, Exhibit A, from Guthrie C. Pinnix and wife, Lula Pinnix, to Milas A. Swaim and wife, Ella R. Swaim vest in Milas A. Swaim and his wife, Ella R. Swaim, an estate by the entirety in fee simple in and to the 28.5 acre tract of land therein conveyed? The judgment is based upon an affirmative answer to this question. The ruling is in keeping with, and will be upheld upon authority of Artis v. Artis, 228 N.C. 754, 47 S.E. 2d 228, and Pilley v. Smith, 230 N.C. 62, 51 S.E. 2d 923, and the statute G.S. 39-1, which provides that a conveyance of real estate shall be held and construed to be a conveyance in fee “unless such conveyance, in plain and express words shows, or it is plainly intended by the conveyance or some part thereof, that the grantor meant to convey an estate of less dignity.”

Affirmed.

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Bluebook (online)

69 S.E.2d 534, 235 N.C. 277, 1952 N.C. LEXIS 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swaim-v-swaim-nc-1952.

Opinion

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