{
  "id": 8687078,
  "name": "JAMES WAUGH'S HEIRS v. JONATHAN MILLER and another",
  "name_abbreviation": "Waugh's Heirs v. Miller",
  "decision_date": "1876-06",
  "docket_number": "",
  "first_page": "127",
  "last_page": "128",
  "citations": [
    {
      "type": "official",
      "cite": "75 N.C. 127"
    }
  ],
  "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": [],
  "analysis": {
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    "char_count": 3373,
    "ocr_confidence": 0.48,
    "pagerank": {
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    "simhash": "1:cb902434ec9ab685",
    "word_count": 569
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  "last_updated": "2023-07-14T18:17:21.962704+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JAMES WAUGH\u2019S HEIRS v. JONATHAN MILLER and another."
    ],
    "opinions": [
      {
        "text": "Reads, J.\nThe habendum and the warranty are mixed and confused, as if written hy one who had heard such words used, but the precise order, connection and meaning, of which he did not understand. He conveys the land itself, \u201c together with all and singular his right and title of, in and to the same\u201d to the aforesaid Waugh and Finley, \u201c to which he binds himself, his heirs, executors, administrators and assigns to warrant and forever defend,\u201d &c., \u201c to the said Waugh and Finley, their heirs,\u201d &c., \u201c to have and to hold and peacefully possess free and clear from all in-cumbrances and claims of any and all persons whatsoever.\u201d\nThere is nothing indicating that the grantor intended only a life estate, for he says, \u201c all his title and interest \u201d and he binds his heirs to the grantee\u2019s heirs. He evidently contemplates an everlasting thing of it, and the words may be so transposed as to give the conveyance of a fee simple, both form and substance. Phillips v. Thompson, 73 N. C. Rep., 543 ; Phillips v. Davis, 69 N. C. Rep., 117.\nThere is error.\nPer Curiam. Venire de novo.",
        "type": "majority",
        "author": "Reads, J."
      }
    ],
    "attorneys": [
      "M. L. McCorlcle. for the appellants.",
      "Folk & Armfield, contra."
    ],
    "corrections": "",
    "head_matter": "JAMES WAUGH\u2019S HEIRS v. JONATHAN MILLER and another.\nA\u2018'granted, bargained and sold, conveyed and confirmed to\u201dB and C, \u20181 three thousand and seventy acres of land,\u201d (describing it,) \u201ctogether with all and singular my right and title of, in 'and to the three thousand acres above described, to the aforesaid\u201d B and 0, \u201cto which I bind myself, my heirs, executors, administrators and assigns, to warrant and forever defend the aforesaid land and premises to the aforesaid\u201d B and C, \u201ctheir heirs, executors, administrators and assigns, with all the appurtenances and improvements thereunto belonging, to have- and to hold,\u201d &c.: Re Id, that A therein conveyed to B and C an estate in fee simple, and not simply a life estate.\n(Phillips v. Thompson, 73 N. C. Rep., 543; PhiUipSY. Davis, 69N. C. Rep., 117, cited and approved.)\nCivil ActioN in the nature of Ejectment, tried before Furches, J., at Spring Term, 1876, of Ashe Superior Court.\nAt Fail Term, 1875, the death of the original plaintiff was suggested, and the heirs at law were made parties plaintiff.\nThe only question considered in this Court was the construction of a deed, under which the plaintiffs claim by mense conveyance. The material parts of this deed read as follows : \u201cThat for and in consideration of, &c., * * hath granted, bargained and sold, conveyed and confirmed to the aforesaid William P. Waugh and John Finley three thousand and seventy acres of land lying, &c., * * * together with all and singular my right and title of, in and to-the three thousand acres of land above described, to the aforesaid William P. Waugh and John Finley, to which I bind myself, my heirs, executors, administrators and assigns to warrant and forever defend the aforesaid land and premises to the aforesaid William P. Waugh and John Finley, their heirs, executors, administrators and assigns, with all the appurtenances and improvements thereunto belonging or in any wise appertaining thereto, to have and to hold and peacefully possess free and clear from all encumbrances and claims of any person or persons whatsoever.\u201d\nHis Honor was of opinion that only a life estate was thereby conveyed to Waugh and Finley.\nWhereupon the plaintiffs submitted to a non-suit and appealed.\nM. L. McCorlcle. for the appellants.\nFolk & Armfield, contra."
  },
  "file_name": "0127-01",
  "first_page_order": 135,
  "last_page_order": 136
}