Supreme Court of North Carolina, 1948

Rawls v. Roebuck

Rawls v. Roebuck
Supreme Court of North Carolina · Decided February 25, 1948 · Denny
228 N.C. 537

Rawls v. Roebuck

Opinion of the Court

DeNNY, J.

The devise from J. H. Rawls to C. C. Rawls and wife, is for their natural lives and then to the heirs of C. C. Rawls. Under the rule in Shelley’s case, which has been firmly established in this jurisdic*539tion as a rule of law, C. C. Rawls took tbe devised property in fee simple, subject to tbe life estate of bis wife. Cotten v. Moseley, 159 N. C., 1, 74 S. E., 454; Smith v. Smith, 173 N. C., 124, 91 S. E., 721; Daniel v. Harrison, 175 N. C., 120, 95 S. E., 37; Hartman v. Flynn, 189 N. C., 452, 127 S. E., 517. Therefore, the judgment docketed against C. C. Rawls by tbe Shapleigh Hardware Company, on 21 November, 1941, became a lien on bis interest in tbe devised property.

Consequently, tbe judgment of tbe court below is erroneous, and is

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.