150 N.C. 523 | N.C. | 1909
Tbis is an action for tbe partition of land. In March, 1819, Jesse Price, Sr., wbo was then tbe owner of tbe land in controversy, conveyed tbe same by deed to bis son, Jobn 0. Price, during tbe term of bis lifetime, and at bis death to bis surviving heirs, reserving to Jesse Price, Sr., tbe grantor, an estate for life in tbe land. Jesse Price, Sr., died in 1879, and John C. Price, on 15 January, 1883, conveyed tbe land by deed to W. P. Price in fee simple. John C. Price died on 6
We believe our conclusion to be supported by recent decisions of this Court as to tbe application of tbe rule in Shelley’s case. Leathers v. Gray, 101 N. C., 162; Nichols v. Gladden, 117 N. C., 497; Chamblee v. Broughton, 120 N. C., 170.
As John 0. Price acquired by tbe deed from bis father a fee-simple estate, be conveyed the same estate to tbe defendant G. 0. Griffin by tbe deeds executed in 1884, and the plaintiffs consequently have no interest in tbe land as tenants in common with tbe defendants. Tbe ruling of tbe court was therefore correct.
No Error.