McLAMB v. WEAVER

No. 668.

94 S.E.2d 331 (1956)

244 N.C. 432

Bettle Weaver McLAMB and husband, Oscar Robert McLamb, Jr., v. Nora Hudson Scott WEAVER, Bertha Weaver Cates and husband, Billy Wray Cates and Hicks Walker.

Supreme Court of North Carolina.

September 19, 1956.


Attorney(s) appearing for the Case

Bryant, Lipton, Strayhorn & Bryant, Durham, for defendants-appellants.

Spears & Spears, Wallace Ashley, Jr., and C. S. Hammond, Durham, for plaintiffs-appellees.


BOBBITT, Justice.

Decision turns on the answer to this question: Did the purported deed divest Bertha Weaver of sole ownership of tracts Nos. 3 and 10 and vest title thereto in Charlie Weaver and wife, Bertha Weaver, as tenants by the entirety? The court below answered "no" and we are in accord.

The Clerk's decree of 30 January, 1926, confirmed the allotment by the commissioners to Bertha Weaver of tracts Nos. 3 and 10. The partition proceeding created no...

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