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WHITSON v. BARNETT

No. 235.

75 S.E.2d 391 (1953)

237 N.C. 483

WHITSON et ux. v. BARNETT.

Supreme Court of North Carolina.

April 8, 1953.

Attorney(s) appearing for the Case

W. E. Anglin, Burnsville, for plaintiffs appellees.

C. P. Randolph, Burnsville, and J. M. Gouge, Erwin, Tenn., for defendant appellant.

DEVIN, Chief Justice.

Does a deed "to Roy Whitson and Bodily heirs, and their heirs and assigns" enable Roy Whitson to convey the entire interest in the land in fee simple?

Unquestionably if the expression in the granting clause of the deed had been to Roy Whitson and his bodily heirs, and no more, by virtue of the statute G.S. § 41-1, and under the uniform decisions of this Court, Roy Whitson would have acquired and could convey an unexceptionable title...

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