Mecklenburg County NcArchives Court.....Eva Heath Et Al, E. J. & Annie M. Heath V. 1894
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a December 9, 2009, 6:35 pm

Source: North Carolina Reports February Term
Written: 1894

E. J. Heath and Wife Annie M. v. Eva Heath et al

Construction of Deed-Grantee in Esse-Unborn Child

Under a deed to a woman "and her children" a child en ventre sa mere at the 
date of the conveyance will take, but children born more than a year 
thereafter will  not.

Petition for the sale for partition of land, filed before the Clerk of 
Mecklenburg Superior Court and upon demurrer being filed by defendants, 
transfered to the Judge of the district and heard by consent before MeIver, 
J., at Chambers in Hendersonville, 5 December, 1893.

The petition alleged that Joseph McLaughlin by deed dated in January, 1881, 
conveyed the land described in the petition to the feme plaintiff, Annie M. 
Heath, "and her children."

That at the time said deed was executed by the said Joseph McLaughlin, the 
father of the said feme plaintiff, she had no child born, but the defendant 
Eva Heath was born within two months from the date of said deed, and the other 
defendants, Eula Heath, Henry Heath and Etta Heath, were born to the said feme 
plaintiff and her husband, E.J. Heath, more than twelve months from the date 
of said deed.

A guardian ad litem was appointed for the infant defendants, Eula, Henry and 
Etta, who demurred to the petition. His Honor overruled the demurrer and 
remanded the case to the Clerk to be proceeded with, and from this judgment 
the defendants Eula, Henry and Etta appealed.

Messrs. Walker & Cansler for plaintiffs
Mr. H.H. Covington for defendants (other than Eva Heath)(appellants)

[NC Supreme Court]
Shepherd, C.J.
Affirmed

[See court case for Judge Shepherd's findings]

File at: http://files.usgwarchives.net/nc/mecklenburg/court/evaheath1244wl.txt

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