Beveridge v. Howland
Beveridge v. Howland
Opinion of the Court
The sole issue for our determination is whether the trial court erred in granting defendants’ motion for summary judgment and dismissing plaintiffs’ action. We hold that it did not err.
Any decision in this action necessarily rests upon the construction of a deed dated 12 March 1895 from W. F. Howland etal., to W. S.
(1) The common source of title to the Mullet Pond tract of land is Elizah Howland.
(2) Following the death of Elizah Howland around 1885, title to the land passed to her five children — Z. J., Ralph, Emma, L. C., and W. F. Howland — as tenants in common.
(3) By deed dated 24 December 1888 Z. J. Howland conveyed all of his interest in the land in question to W. F. Howland.
(4) By deed dated 3 April 1890 Ralph Howland and wife conveyed their one-fifth undivided interest in the land to W. F. Howland.
(5) On 12 March 1895 L. C. Howland and wife, Ralph Howland and wife, Z. J. Howland, Emma J. Howland, and W. F. Howland executed the deed in question to W. S. Chadwick.
This deed conveys to said party of the second part & his heirs, the entire estate of L. C. Howland and wife Susan P. Ralph Howland and wife Alice G. Z. J. Howland and Emma J. Howland in the above described land and one-half of the whole tract.
The habendum of the deed provides as follows:
To Have and to Hold the aforesaid half of said tract or parcel of land, and all privileges and appurtenances thereto belonging, to the said W. S. Chadwick and his heirs and assigns ....
Plaintiffs claim through L. C. Howland and Emma J. How-land.
Plaintiffs contend that this case is controlled by the principle of law stated in Artis v. Artis, 228 N.C. 754, 761, 47 S.E. 2d 228 (1948), as follows:
Hence it may be stated as a rule of law that where the entire estate in fee simple, in unmistakable terms, is given the grantee in a deed, both in the granting clause and habendum, the warranty being in harmony therewith, other clauses in the deed, repugnant to the estate and interest conveyed, will be rejected.
See also McCotter v. Barnes, 247 N.C. 480, 101 S.E. 2d 330 (1958), and Pilley v. Smith, 230 N.C. 62, 51 S.E. 2d 923 (1949).
Defendants Howland and Dawson contend that this case is controlled by the principle of law restated in Lackey v. Hamlet City Board of Education, 258 N.C. 460, 462, 128 S.E. 2d 806 (1963), as follows:
In the interpretation of a deed, the intention of the grantor or grantors must be gathered from the whole instrument and every part thereof given effect, unless it contains conflicting provisions which are irreconcilable- or a provision which is contrary to public policy or runs counter to some rule of law. Cannon v. Baker, 252 N.C. 111, 113 S.E. 2d 44; Griffin v. Springer, 244 N.C. 95, 92 S.E. 2d 682; Dull v. Dull, 232 N.C. 482, 61 S.E. 2d 255; Ellis v. Barnes, 231 N.C. 543, 57 S.E. 2d 772; Willis v. Trust Co., 183 N.C. 267, 111 S.E. 163; Spring v. Hopkins, 171 N.C. 486, 88 S.E. 774; 16 Am. Jur., Deeds, Sections 171, 172 and 173, page 534, et seq.
We hold that the rule quoted.from Lackey, often referred to as the “four corners” rule, applies to the case at hand. Since L. C. and Emma together owned a two-fifths interest, and W. F. owned a three-fifths interest, and Chadwick was being conveyed only a one-half interest, it was appropriate for the deed to set forth the intention of the parties — at least the intention of the grantors — as to whose interests were being conveyed. Although the challenged proviso might have been more artfully drawn, it clearly states that the deed conveys “the entire estate of L. C.... and Emma... in the above described land . .. .”
For the reasons stated, the judgment of the trial court is
Affirmed.
It is not known why Z. J. Howland and Ralph Howland and wife joined in the execution of this deed as they had theretofore conveyed their interest to W. P. Howland.
Plaintiffs and defendants all take the position that the deed to Chadwick conveyed a one-half undivided interest in the entire Mullet Pond tract rather than a geographical half of the tract.
We are aware of the enactment of Chapter 1182 of the 1967 Session Laws, now codified as G.S. § 39-1.1, but that statute expressly relates to conveyances executed after 1 January 1968.
Reference
- Full Case Name
- GERALDINE BEVERIDGE, LEVI BEVERIDGE and Wife, EUNICE L. BEVERIDGE, and SUSAN BEVERIDGE CARROLL v. WILLIAM F. HOWLAND III and Wife, VERDYE HOWLAND, LELAND HOWLAND and Wife, MAYSEL HOWLAND, RALPH L. HOWLAND and Wife, MARGARET HOWLAND, ELIZABETH BETTY WARREN DAWSON and Husband, R. G. DAWSON, C. G. HOLLAND, JR., Trustee, C. G. HOLLAND, JR., and Wife, JEANETTE R. HOLLAND, WACHOVIA BANK & TRUST COMPANY, MABEL C. UZZELL, and LANGLEY P. LAND
- Status
- Published