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N.C.App.1 ANALYTICAL INDEX 765
DEEDS
8 12. Estates Created by Construction of the Instrument
Grantor's deed conveying to his stepdaughter and son a one-half un-divided
interest in property as tenants in common did not convey the
grantor's life estate in equal shares to each of the two grantees and his
one-half interest in the remainder only to his stepdaughter to the ex-clusion
of the son since the deed treats the two grantees equally. Parker
v. Pittman, 500.
Conveyance of "Second Tract consisting of a right-of-way to the above
tract, said right-of-way more specifically described as follows" conveyed
an easement and not fee title. Pearson v. Chambers, 403.
§ 20. Restrictive Covenants as Applied to Subdivision Developments
A restrictive covenant limiting subdivision lots to residential use pre-cludes
a construction company from building a roadway across a lot in
the subdivision that would connect a street in the subdivision with a street
in an adjoining subdivision. Franzle v. Waters, 371.
DISORDERLY CONDUCT AND PUBLIC DRUNKENNESS
2. Prosecutions
Trial court did not err in failing to define "drunk" and "intoxicated."
S. v. Patton, 266.
Evidence was sufficient to be submitted to the jury in a prosecution
for public drunkenness and resisting arrest. S. v. Foust, 133.
DIVORCE AND ALIMONY
§ 11. Indignities to the Person
In an action for alimony based on indignities offered to plaintiff's
person, trial court erred in failing to instruct the jury it was necessary
for plaintiff to prove that such acts by her husband were not the result
of adequate provocation on her part. Campbell v. Campbell, 665.
9 18. Alimony and Subsistence Pendente Lite
Trial court erred where it found facts sufficient to support award of
alimony pendente lite but denied the award for the reason that another
court in a previous action had found that plaintiff was not the dependent
spouse. Collins v. Collins, 45.
Trial court's finding that defendant was a dependent spouse was sup-ported
by the evidence. Little v. Little, 311.
§ 22. Jurisdiction and Procedure in Custody and Snpport Actions
Trial court erred in modifying custody and support order without
making findings of changed circumstances. Register v. Register, 333.
Where plaintiff brought a custody proceeding in district court in the
county in which her children and defendant lived and defendant did not
Object Description
| Title | North Carolina Court of Appeals Reports [v.018, Spring Session 1973] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1973 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 18, Spring Session 1973. Cited as 18 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 36.8 MB; 832 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_018.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 789 |
| Full Text | N.C.App.1 ANALYTICAL INDEX 765 DEEDS 8 12. Estates Created by Construction of the Instrument Grantor's deed conveying to his stepdaughter and son a one-half un-divided interest in property as tenants in common did not convey the grantor's life estate in equal shares to each of the two grantees and his one-half interest in the remainder only to his stepdaughter to the ex-clusion of the son since the deed treats the two grantees equally. Parker v. Pittman, 500. Conveyance of "Second Tract consisting of a right-of-way to the above tract, said right-of-way more specifically described as follows" conveyed an easement and not fee title. Pearson v. Chambers, 403. § 20. Restrictive Covenants as Applied to Subdivision Developments A restrictive covenant limiting subdivision lots to residential use pre-cludes a construction company from building a roadway across a lot in the subdivision that would connect a street in the subdivision with a street in an adjoining subdivision. Franzle v. Waters, 371. DISORDERLY CONDUCT AND PUBLIC DRUNKENNESS 2. Prosecutions Trial court did not err in failing to define "drunk" and "intoxicated." S. v. Patton, 266. Evidence was sufficient to be submitted to the jury in a prosecution for public drunkenness and resisting arrest. S. v. Foust, 133. DIVORCE AND ALIMONY § 11. Indignities to the Person In an action for alimony based on indignities offered to plaintiff's person, trial court erred in failing to instruct the jury it was necessary for plaintiff to prove that such acts by her husband were not the result of adequate provocation on her part. Campbell v. Campbell, 665. 9 18. Alimony and Subsistence Pendente Lite Trial court erred where it found facts sufficient to support award of alimony pendente lite but denied the award for the reason that another court in a previous action had found that plaintiff was not the dependent spouse. Collins v. Collins, 45. Trial court's finding that defendant was a dependent spouse was sup-ported by the evidence. Little v. Little, 311. § 22. Jurisdiction and Procedure in Custody and Snpport Actions Trial court erred in modifying custody and support order without making findings of changed circumstances. Register v. Register, 333. Where plaintiff brought a custody proceeding in district court in the county in which her children and defendant lived and defendant did not |
