Krites Et Ux v. Plott Et Ux, 241.

• Decision Date: 17 March 1943
• Docket Number: No. 241.,241.
• Citation: 222 N.C. 679,24 S.E.2d 531
• Parties: KRITES et ux. v. PLOTT et ux.
• Court: North Carolina Supreme Court

24 S.E.2d 531

222 N.C. 679

KRITES et ux.

v.PLOTT et ux.

No. 241.

Supreme Court of North Carolina.

March 17, 1943.

Appeal from Superior Court, Yadkin County; Felix E. Alley, Judge.

Action in ejectment by E. L. Krites and wife against Roy Plott and wife. Judgment for defendants, and plaintiffs appeal.

Affirmed.

The plaintiffs sued the defendants in ejectment for the recovery of the tract of land described in the complaint. The defendants answered the complaint, denying plaintiffs' title and claiming the land by adverse possession under colorable title for seven years next preceding the institution of the action. C.S. § 428. The plaintiffs replied, setting up the deed under which they allege the defendants claim title, alleging that it conveys no title, but constitutes a cloud upon plaintiffs' title, which they ask to have removed.

By consent of parties, the cause was heard before Judge Felix E. Alley at the November Term, 1942, of Yadkin Superior Court, without the intervention of a jury. The parties entered into a stipulation, whereby it was agreed that the deed referred to in the pleading was that same deed executed by U. J. Thompson to Cora Thompson July 21, 1932, and recorded in Book 37, page 20, in the office of the Register of Deeds for Yadkin County, reading as follows:

"This Deed, Made this 21st day of July, A. D. 1932, by U. J. Thompson of Yadkin County and State of North Carolina, of the first part, to Cora Thompson of Yadkin County and State of North Carolina, of the section part:

"Witnesseth, That said U. J. Thompson, in consideration of One Dollar Dollars, to his paid by Said party of the second part the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do grant, bargain, sell and convey to said Said party of second part their heirs and assigns, a certain tract or parcel of land in Yadkin County, State of North Carolina, adjoining the lands of Pill Smith, John White, and others, and bounded as follows, viz.:

"Beginning at iron stake in Pill Smith line and on the West side of the road leading from the church to Thompson mills then East 31 chs. and 20 links to Iron stake on the West Side of the old Georgia Road, the Westard corse with the old Georgia road, as it meanders 32 chs. and 56 links to the Phill Smith corner then North in Smiths line 5 ch. and 15 links to a stone Then West with Smith line on with the Church lot 7 chs. to a stone, in the center of the Road Then North with Phill Smith line 8 ch. 74 links to the Beginning containing 28 acres more or less.

"Now be it understood in this that the party of the first part makes this deed to his beloved wife Cora Thompson her life time at her death it is to go to Roy Plott and his wife Hattie Plott and their heirs.

"Now be it Remembered that U. J. Thompson of the first part is to hold the above land his life time.

"To Have and to Hold the aforesaid tract or parcel of land, and all privileges and appurtenances thereto belonging, to the said Cora Thompson her heirs and assigns, to her only use and behoof forever.

"And the said U. J. Thompson for his self and his heirs, executors and administrators, covenant with said party of the second part their heirs and assigns, that he is seized of said premises in fee, and have right to convey in fee simple; that the same are free and clear from all incumbrances, and that he does hereby forever warrant and will forever defend the said title to the same against the claims of all persons whomsoever.

"In Testimony Whereof, the said U. J. Thompson have hereunto set his hand and seal, the day and year first above written.

"U. J., Thompson

"Attest: J. C. Miller."

It was further stipulated that U. J. Thompson died August 7, 1932, Cora Thompson, his wife, surviving him. Cora Thompson died August 24, 1933. She left a son by a former marriage, E. L. Krites, the plaintiff in this action, who is married to Lillian Krites, co-plaintiff, and is the only son and heir at law of Cora Thompson. Roy Plott is not related by blood or marriage to U. J. Thompson, but was reared by the said Thompson, having lived with him until he reached a majority.

It was agreed that both plaintiffs and defendants are claiming under the deed above set out; that defendants are in possession of the property described in the pleadings and have been in possession since the death of Cora Thompson.

Upon the call of the case for trial, plaintiffs and defendants, in open court, waived a jury trial and agreed that the only question involved was a question of law for the court in the interpretation of the aforesaid deed.

Thereupon, Judge Alley, finding the facts, signed judgment for the defendants, and the plaintiffs appealed.

S. Carter Williams, of Yadkinville, and Whitman & Motsinger, of Winston-Salem, for plaintiffs, appellants.

A. T. Grant, of Mocksville, and Hall & Zachary, of Yadkinville, for defendants, appellees.

SEAWELL, Justice.

We agree with the construction placed upon the deed by the trial judge.

In the construction of deeds, the Court has endeavored to follow and apply the principles adopted and promulgated in Triplett v. Williams, 149 N.C. 394, 63 S.E.

79, 24 L.R.A., N.S., 514, rather comprehensively expressed in the rule that such an instrument must be construed from "its four corners" in order that its true intent may be given effect. Seawell v. Hall, 185 N.C.

80, 82, 116 S.E. 189. Triplett v. Williams, supra, cites with approval 1 Jones, Real Property, Section 568: "The inclination of many courts at the present day is to regard the whole instrument without refer-ence to formal divisions."

paragraphs inserted immediately following the description and before the habendum. Nor is this conclusion overborne by the technical words of inheritance found in the formal parts of the deed, the use of which evidently resulted from the adaptation of a printed form to the purposes of the...