Johnson v. Gaines
Cases that cite this one
4 later published cases cite this decision.
- Crockett v. FIRST FEDERAL S. & L. ASS'N, ETC. (N.C. 1976)
- Crockett v. First Federal Savings & Loan Ass'n of Charlotte (N.C. 1976)
- Mangum v. Wilson (N.C. 1952)
- Langston v. Wooten (N.C. 1950)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is conceded that the tendered conveyance is valid unless the immediate power of alienation is affected by the expressed desire of the testator that no part of the property be sold for a period of thirty-five years after his death.
It has been uniformly held by this Court that an absolute restraint on alienation, for any length of time, annexed to a grant or devise in fee, is void. A condition subsequent attempting to limit the right of a devisee to sell or mortgage such devised premises will be regarded as inoperative and void. Douglass v. Stevens, 214 N.C. 688, 200 S.E. 366; Barco v. Owens, 212 N.C. 30, 192 S.E. 862; Williams v. Sealy, 201 N.C. 372, 160 S.E. 452; Combs v. Paul, 191 N.C. 789, 133 S.E. 93; Brooks v. Griffin, 177 N.C. 7, 97 S.E. 730; Schwren v. Falls, 170 N.C. 251, 87 S.E. 49; Holloway v. Green, 167 N.C. 91, 83 S.E. 243; Trust Co. v. Nicholson, 162 N.C. 257, 78 S.E. 152; Christmas v. Winston, 152 N.C. 48, 67 S.E. 58.
The judgment of the court below is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.