{
  "id": 8652543,
  "name": "W. A. WRIGHT et al. v. G. W. WESTBROOK",
  "name_abbreviation": "Wright v. Westbrook",
  "decision_date": "1897-09",
  "docket_number": "",
  "first_page": "155",
  "last_page": "156",
  "citations": [
    {
      "type": "official",
      "cite": "121 N.C. 155"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "52 N. C., 463",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        2088641
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/52/0463-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 2921,
    "ocr_confidence": 0.457,
    "pagerank": {
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    "sha256": "3df7adabae1bd4cb52f3240a33a8ddc5decf393cf5d1c627effa057626b04bc8",
    "simhash": "1:09dcc6531010d796",
    "word_count": 518
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  "last_updated": "2023-07-14T21:04:04.541275+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "W. A. WRIGHT et al. v. G. W. WESTBROOK."
    ],
    "opinions": [
      {
        "text": "Faircloth, C. J.:\nThis is a controversy without action submitted under The Code, Sec. 567. The plaintiff, W. A. Wright, owmed the land in fee simple and executed a deed to his intended wife who afterwards intermarried with him. Both are still alive and have contracted to sell said land to the defendant, and the question is, can they make the defendant an indefeasible title? The deed, regular in all respects, conveys the land to the said \u201cLouisa G. Holmes (now the feme plaintiff and wife of said Wright) for the term of her natural life, with full power of disposing of the same, his permission in writing being first obtained, and remainder to the children of the said Louisa G. Holmes begotten by the said William Augustus Wright, all right, title, interest or estate, &c. But if the said Louisa G. Holmes should die in the life time of the said William Augustus Wright leaving issue by him living at her death, then the estate herein conveyed is to revert back and vest in the said \"William Augustus \"Wright and the heirs of his body begotten. But in default of such issue living at his death, then, after the decease of the said Louisa G. Holmes, the estate herein conveyed shall go to and vest in the heirs of the said William Augustus Wright.\u201d\nWe need not discuss the rights of parties in the event that the wife had died without exercising the power given her in the deed, either with or without children, or upon the death of the husband leaving his said wife surviving. These contingencies are not before us.\nThe provision in the deed \u201cwith full power of disposing of the same, his permission in writing being first obtained\u201d is absolute and clear, with such permission of her husband. The contingencies that might arise in the event of death, as above stated, have not yet arisen and are subject to and dependent upon the wife\u2019s exercise of the power of disposition conferred by the deed from her husband.\nOur opinion is that a proper deed by the wife and husband would convey a good title to the purchaser. Stroud v. Morrow, 52 N. C., 463. Judgment affirmed.\nAffirmed.",
        "type": "majority",
        "author": "Faircloth, C. J.:"
      }
    ],
    "attorneys": [
      "Mr. T. W. Strange, for plaintiffs.",
      "Mr. J. D. Bellamy, for defendant (appellant)."
    ],
    "corrections": "",
    "head_matter": "W. A. WRIGHT et al. v. G. W. WESTBROOK.\nDeed, Construction of \u2014 Life Estate \u2014 Limitation Over \u2014 Power of Disposal by Life Tenant.\nWhere land was conveyed to A for life, with limitations over in the event of the happening of certain contingencies, hut with full power in A to dispose of the some with the written permission of her husband; Held., that A and her husband can convey a good title in fee to a. purchaser.\nControversy submitted without action and heard before Mclver, J., at April Term, 1897, of New HaNOVER Superior Com\u2019t. The facts appear in the opinion. His Honor held that the plaintiffs could convey a good title, to the land for the purchase of which the note sued on was given and gave judgment accordingly from which defendant appealed.\nMr. T. W. Strange, for plaintiffs.\nMr. J. D. Bellamy, for defendant (appellant)."
  },
  "file_name": "0155-01",
  "first_page_order": 185,
  "last_page_order": 186
}