{
  "id": 8660125,
  "name": "FLORENCE EASON v. JOSEPH C. EASON",
  "name_abbreviation": "Eason v. Eason",
  "decision_date": "1912-09-18",
  "docket_number": "",
  "first_page": "539",
  "last_page": "541",
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  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
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      "cite": "158 N. C., 338",
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    {
      "cite": "132 N. C., 895",
      "category": "reporters:state",
      "reporter": "N.C.",
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  "last_updated": "2023-07-14T20:13:45.962633+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "FLORENCE EASON v. JOSEPH C. EASON."
    ],
    "opinions": [
      {
        "text": "Brown, J.\nThe plaintiff is the second wife of Nathan Eason, and as such claims dower in tbe whole of a certain tract of land describedfin a deed dated 30 December, 1904, executed by Tbomas Lassiter to Natban Eason and bis first wife, Carrie.\nIt is contended by tbe plaintiff tbat tbe deed in question conveys tbe land to Natban Eason and bis said wife, Carrie, jointly, and tbat the doctrine of survivorship, as between bus-band and wife, applies, inasmuch as Natban Eason survived bis first wife. Ray v. Long, 132 N. C., 895.\nTbe premises of the deed are as follows: \u201cThis deed, made this tbe 30th day of December, A. D. 1904, by Tbomas U. Las-siter and bis wife, Alice Lassiter, of Greene County and State of North Carolina, of tbe first part, to Natban Eason and wife, Carrie G. Eason, each one-balf interest, of Greene County and State of North Carolina, of tbe second part.\u201d\nIt is unnecessary to set out tbe remainder of tbe deed. Tbe habendum as well as tbe tenendum conveys tbe property to said Natban and Carrie G. Eason and their heirs and assigns.\n\"We are of opinion tbat in construing tbe deed in question tbe language used in tbe premises, to wit, \u201cto Natban Eason and wife, Carrie G. Eason, each one-half interest \u201d should be taken into consideration in construing tbe deed. \"We have said repeatedly in recent decisions tbat a deed will be construed so as to effectuate the intent as gathered from tbe entire instrument, when it can be done by any reasonable interpretation. Acker v. Pridgen, 158 N. C., 338; Triplett v. Williams, 149 N. C., 394; Gudger v. White, 141 N. C., 513.\nGiving tbe language quoted its ordinary significance, we are of opinion tbe deed created a tenancy in common, and tbat tbe plaintiff is entitled to dower in only one-balf of tbe land described in tbe petition. Tbe language used is too plain to admit of discussion as to its meaning. Tbe evident purpose of tbe draftsman was to convey one undivided balf of tbe land -to tbe husband, and tbe other undivided balf to tbe wife.\nThis question is very fully discussed by Mr. Justice Hoke, in Highsmith v. Page, 158 N. C., 226, which we think is a case very much in point. See, also, Stalcup v. Stalcup, 137 N. C., 305; Hodges v. Fleetwood, 102 N. C., 122; 13 Cyc., 666.\nTbe cause is remanded, with instructions to enter judgment in accordance with this opinion.\nReversed.",
        "type": "majority",
        "author": "Brown, J."
      }
    ],
    "attorneys": [
      "W. F. Evans and L. I. Moore for,plaintiff.",
      "George M. Lindsay cmd J. Pcml Frizzell& for defendant."
    ],
    "corrections": "",
    "head_matter": "FLORENCE EASON v. JOSEPH C. EASON.\n(Filed 18 September, 1912.)\nHusband and Wife \u2014 Jus Accresendi \u2014 Deeds and Conveyances \u2014 Interpretation\u2014 Intent \u2014 Tenants in Common \u2014 Second Wife \u2014 Dower.\nIn construing a deed to a husband and wife as a whole, to arrive at its intent, it is held that in a conveyance of land to them, \u201ceach a one-half interest,\u201d creates a tenancy in common, and the right of survivorship does not apply; and when the wife is dead, the husband remarries and then dies, leaving a widow, the widow is only entitled to dower in the undivided one-half interest in the lands.\nAppeal bjr defendant from Justice, J., at February Term, 1912, of GrREENE.\nPetition for dower, beard upon issues raised by tbe plaintiff.\nTbe facts are sufficiently stated in tbe opinion of tbe Court by Mr. Justice Brown.\nW. F. Evans and L. I. Moore for,plaintiff.\nGeorge M. Lindsay cmd J. Pcml Frizzell& for defendant."
  },
  "file_name": "0539-01",
  "first_page_order": 589,
  "last_page_order": 591
}