illustration principle in North Carolina

1959I recognize that it was said in Town of Bath v. Norman, 226 N.C. 502 , 39 S.E.2d 363 , that a consent judgment was void in the absence of consent and hence a meritorious defense was not necessary.

1959I recognize that it was said in Town of Bath v. Norman, 226 N.C. 502 , 39 S.E.2d 363 , that a consent judgment was void in the absence of consent and hence a meritorious defense was not necessary.

1929In that particular and special case the devisee for life will not take an estate in fee, notwithstanding the naked gift of a power of disposition.” An illustration of the principle last cited appears in Chewning v. Mason, 158 N. C., 578 , the devise being as follows: “I give and bequeath (after all my just debts shall have been paid) all of my real and personal property, together with all debts owing my estate, to my wife, Martha Chewning, during her natural life, and then to dispose of it as she sees proper.” In reference to this item it was said: “The estate devised to Mrs. Chewning is prope

1914Hoxie v. Chaney, 143 Mass., 592 ; Yeakly v. Gaston, 111 S. W.

1914As an illustration of this principle, it was decided in Foss v. Roby, supra, that one selling the good-will of a dental business impliedly undertakes that he will not thereafter practice his profession so as to destroy or injure the business he has sold, wherefore he will not be permitted to establish himself in the same business and solicit the patronage of his former patients, for that would be in direct opposition to his former promise, and a breach of the contract.

1914Hoxie v. Chaney, 143 Mass., 592 ; Yeakly v. Gaston, 111 S. W.

1906An illustration of the principle that only the interest will pass which the deed clearly shows was intended to be conveyed, is to be found in McAlister v. Holton, 51 N. C., 331 . *517 Tbis court decided in Davidson v. Arledge, 88 N. C., 326 , that a dispute as to the true location of a line separating two parcels of land must be determined by an interpretation of the descriptive words in the deeds, in order to ascertain the intention of the parties.

1906An illustration of the principle that only the interest will pass which the deed clearly shows was intended to be conveyed, is to be found in McAlister v. Holton, 51 N. C., 331 . *517 Tbis court decided in Davidson v. Arledge, 88 N. C., 326 , that a dispute as to the true location of a line separating two parcels of land must be determined by an interpretation of the descriptive words in the deeds, in order to ascertain the intention of the parties.

1882To the same effect is 2 Archbold, 262, note; State v. Dent, 3 Gill. & John., 8; Wall v. State, 23 Ind., 150 .

1876An illustration of the principle in the case of partition among co-tenants is found in Pope v. Whitehead, 68 N. C.

1876An illustration of this rule of interpretation is found in State v. Krebbs, 64 N. C.