The opinion
I cannot better express by opinion than by using the words of a celebrated English Judge: The construction outrages grammar, and what is worse, it outrages common sense; it is a bitter pill, but we must swallow it because others have done the same"; we are bound to follow and not to lead. The judicial construction put upon the words is too uniform and *Page 91
of too long continuance now to be altered. It would unsettle too much property, and open the door for a flood of litigation. I am therefore bound to say, that the demurrer be sustained and the bill dismissed with costs.
Cited: Brown v. Brown , 25 N.C. 136 ; Weatherly v. Armfield , 30 N.C. 26 ; Gibson v. Gibson , 49 N.C. 427 ; Leathers v. Gray , 101 N.C. 164 .
(188)