Rawls v. Roebuck

Supreme Court of North Carolina
Rawls v. Roebuck, 228 N.C. 537 (N.C. 1948)
Denny

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.

Reference

Full Case Name
C. C. RAWLS and Wife, MARTHA MAGNOLIA RAWLS PATTIE EARL PERKINS and Husband, JARVIS PERKINS C. C. RAWLS, JR. JESSIE DARE REYNOLDS and Husband, OTTO REYNOLDS L. D. ROOK and Wife, ELIZABETH RAWLS ROOK JOHNNY RAWLS, HUBERT RAWLS, ROY MARTIN RAWLS, GENE RONALD RAWLS, JOANNA RAWLS, and GLORIA RAWLS, the Last Four Being Minors and Appearing by Their Next Friend, CLARENCE W. GRIFFIN v. C. B. ROEBUCK, Sheriff of MARTIN COUNTY, and SHAPLEIGH HARDWARE COMPANY, a Corporation
Cited By
3 cases
Status
Published