HAMMER v. BRANTLEY

No. 528.

92 S.E.2d 424 (1956)

244 N.C. 71

Leo M. HAMMER and wife, Inez M. Hammer, and Gennie Bunting a widow, v. Fred T. BRANTLEY and Joe M. Brantley.

Supreme Court of North Carolina.

May 2, 1956.


Attorney(s) appearing for the Case

Coltrane & Gavin, Asheboro, for defendant appellants.

Hammond and Walker and J. Harvey Luck, Asheboro, for plaintiff appellees.


BARNHILL, Chief Justice.

This appeal is not complicated by the indefiniteness of the devise to Gennie Bunting. The bounds of her devise have been settled by the parties by an agreement of partition in which the 100 acres have been set apart to her by metes and bounds.

"It is established by repeated decisions of this court that the rule in Shelley's Case is still recognized in this jurisdiction, and where the same obtains it does so as a rule of property without...

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