FRANKLIN v. FAULKNER

No. 95.

104 S.E.2d 841 (1958)

248 N.C. 656

Byron W. FRANKLIN and Marietta G. Franklin, and Kir by Jones and Gladys J. Jones, v. Thomas H. FAULKNER and Evelyn O. Faulkner.

Supreme Court of North Carolina.

September 17, 1958.


Attorney(s) appearing for the Case

H. P. Whitehurst, New Bern, and Warren S. Perry, Kinston, for defendant appellants.

Lee & Hancock, New Bern, for plaintiff appellees.


RODMAN, Justice.

What property did Miller convey to Angell by the deed of 15 February 1950? The answer is determinative of the appeal and must be found by ascertaining the intent of the parties to that instrument.

When courts are called upon to interpret deeds or other writings, they seek to ascertain the intent of the parties, and, when ascertained, that intent becomes the deed, will, or contract. In determining the intent they call to their aid principles...

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