Legal Opinion

Den Ex Dem. Ridley v. McGehee

Supreme Court of North Carolina

Decided December 5, 1828PublishedCited by 3 opinions

From Caswell. Ejectment for a lot in the town of Milton, tried on the last circuit before Ruffin, Judge. The lessors of the Plaintiff claimed under a deed made by one Sims to one Smith, dated the 26th day of March, 1821, in trust to indemnify them, as sureties of the vendor in an injunction bond.

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From Caswell. Ejectment for a lot in the town of Milton, tried on the last circuit before Ruffin, Judge. The lessors of the Plaintiff claimed under a deed made by one Sims to one Smith, dated the 26th day of March, 1821, in trust to indemnify them, as sureties of the vendor in an injunction bond. The deed was in common form, contained the usual power of sale, and on it was indorsed a certificate of probate and an order for its registration, dated of the July term, 1821, of Caswell County Court, and also a certificate of its registration, which was without a date. The Defendant claimed under a…

1Opinion of the Court

Henderson, Judge.

-The deed as regards its registration within six months from its date, is not affected by the act of 1820, because it was executed before the first day of June, 1821; but it is affected by that act so far as deeds of trust are by it excepted from the general registry act, and placed, in respect to the rights of creditors and purchasers, upon the footing of mortgages, as to the time of their registration. It is therefore, together with all other deeds of trust and mortgages, not within the operation of the acts giving further time for the registration of deeds. Every principle…

2Cited by3 opinions

  1. Newbern v. . HintonSupreme Court of North Carolina · 1925
  2. Ashley Realty Co., Inc. v. Metropolitan DistrictSupreme Court of Connecticut · 1946
  3. Moore v. . CollinsSupreme Court of North Carolina · 1834

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