BROWN v. BROWN

No. 818SC1295.

297 S.E.2d 619 (1982)

Sallie S. BROWN v. Marvin E. BROWN.

Court of Appeals of North Carolina.

December 7, 1982.


Attorney(s) appearing for the Case

Barnes, Braswell & Haithcock by Henson P. Barnes and Tom Barwick, Goldsboro, for petitioner-appellee.

Braswell & Taylor by Roland C. Braswell, Goldsboro, for respondent-appellant.


WEBB, Judge.

We hold that on the undisputed facts of this case the court should have granted the respondent's motion for summary judgment. Cross-deeds of division among tenants in common in most circumstances assign to the tenants in severalty what they formerly held in common. Unless a deed specifically provides otherwise, it does not create a new estate in the grantee. If a spouse of a tenant in common is named as a grantee in the deed, he or she does not receive...

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