{
  "id": 2217873,
  "name": "LENNON F. FOLEY v. J. Q. IVEY et al.",
  "name_abbreviation": "Foley v. Ivey",
  "decision_date": "1927-03-30",
  "docket_number": "",
  "first_page": "453",
  "last_page": "454",
  "citations": [
    {
      "type": "official",
      "cite": "193 N.C. 453"
    }
  ],
  "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": "192 N. C., 630",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8625647
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/192/0630-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 210,
    "char_count": 2856,
    "ocr_confidence": 0.458,
    "pagerank": {
      "raw": 8.257470317656471e-08,
      "percentile": 0.47798597524411657
    },
    "sha256": "c41bcc454a618126e7c829dc99810a3b4ddcedd5360b3a9719e1c4357e83199b",
    "simhash": "1:ec84a9ce3b436b1b",
    "word_count": 515
  },
  "last_updated": "2023-07-14T17:08:43.639996+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "LENNON F. FOLEY v. J. Q. IVEY et al."
    ],
    "opinions": [
      {
        "text": "Adams, J.\nThis is a controversy without action. C. S., 626. The plaintiff contracted to sell and the defendants to buy a tract of land at the agreed price of six hundred dollars; but when a deed properly executed and sufficient in form was tendered, the defendants declined to accept it or to make payment on the ground that the plaintiff has only a life estate in the land. The land was conveyed by the elder Frederick Bass and his wife to Frederick Bass, Jr., and afterwards to the plaintiff by Frederick Bass, Jr., and his wife. The single question is whether the younger Frederick acquired a title in fee; if so, the plaintiff likewise has the fee and the defendants must comply with their contract. It was adjudged at the hearing that the plaintiff has a title in fee and that the defendants must pay the purchase price.\nIn the premises the deed purports to convey the land to Frederick Bass, Jr., \u201cand to his heirs and assigns forever.\u201d The description is followed by the clause, \u201cthis deed shall hold good to and for the said Frederick Bass, Jr., during his natural life and after that to the heirs of his body only\u201d; and this is succeeded by the habendum, \u201cTo have and to hold . . . unto the said party of the second part, his heirs and assigns forever.\u201d\nThe words used in the premises and in the habendum clearly import a fee; and in the intervening clause the limitation by way of remainder qfter the life of Frederick Bass, Jr., \u201cto the heirs of his body only,\u201d under the rule in Shelley\u2019s case, entitled the ancestor to the whole estate. Daniel v. Bass, ante, 294; Benton v. Baucom, 192 N. C., 630. In our opinion the addition to the usual formula of the word \u201conly\u201d is not sufficient to justify the conclusion that the phrase \u201cheirs of his body\u201d was not employed in the usual technical sense, but on the other hand as indicating issue or children. It will be noted that there is no limitation over in the event of the grantee\u2019s death without \u201cbodily heirs,\u201d or \u201cheirs of his body,\u201d or \u201clawful heirs,\u201d and in this respect several of the cases cited in the appellants\u2019 brief are distinguishable from the case under consideration.\nAffirmed.",
        "type": "majority",
        "author": "Adams, J."
      }
    ],
    "attorneys": [
      "Dickson McLean, H. E. Stacy and G. W. Pridgen, Jr., for appellants.",
      "W. Osborne Lee and Robert E. Lee for appellees."
    ],
    "corrections": "",
    "head_matter": "LENNON F. FOLEY v. J. Q. IVEY et al.\n(Filed 30 March, 1927.)\nEstates \u2014 Rule in. Shelley\u2019s Case \u2014 Fee Simple \u2014 Deeds and Conveyances.\nWhere in the premises of a deed lands are conveyed to B., \u201cand to-his heirs and assigns forever,\u201d and after the description of the land, \u201cto and for B. during his natural life, and after that to the heirs of his body only, followed by the habendum \u201cto have and to hold . . . unto the said party of the second part, his heirs and assigns forever\u201d: Held, B. takes an estate in fee.\nAppeal by defendants from Barnhill, J., at February Term, 1927, of Robeson.\nDickson McLean, H. E. Stacy and G. W. Pridgen, Jr., for appellants.\nW. Osborne Lee and Robert E. Lee for appellees."
  },
  "file_name": "0453-01",
  "first_page_order": 531,
  "last_page_order": 532
}