Long v. . Crews
Supreme Court of North Carolina
Civil actioN, tried at July Term, 1893, of Granville Superior Court before Brotun, J. The following issues were framed : 1. Is the plaintiff the owner and entitled to the possession of the property described in the complaint? 2. What damage has the plaintiff sustained by the unlawful taking of the said property by defendants, or either of them? The plaintiff offered the following evidence: A deed from R. H. McGuire and wife to J. H. Long, trustee, November 28, 1892; recorded…
Read the full summary
Civil actioN, tried at July Term, 1893, of Granville Superior Court before Brotun, J. The following issues were framed : 1. Is the plaintiff the owner and entitled to the possession of the property described in the complaint? 2. What damage has the plaintiff sustained by the unlawful taking of the said property by defendants, or either of them? The plaintiff offered the following evidence: A deed from R. H. McGuire and wife to J. H. Long, trustee, November 28, 1892; recorded in Book 47, page 290. It was admitted that B. S. Royster, who probated this deed as Notary Public, was the same B. S.…
1Opinion of the Court
Clark, J.:
In this State it is settled law that an acknowledgment of a deed by the husband and privy examination of the wife taken before a Justice of the Peace, Commissioner or Notary, is a judicial, or at least a quasi judicial act, and if such officer is not authorized to take it, the probate upon it by the Clerk and registration is invalid as against creditors and purchasers. This was laid down by Pearson, J., in the leading case of Decourcy v. Barr, 45 N. C., 181, in which a Commissioner of Deeds for this State in another State took the examination of a resident of this. State temporarily…
2Cases cited16 opinions
- Groesbeck v. SeeleyMichigan Supreme Court · 1865
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
- Davis v. BeazleySupreme Court of Virginia · 1881
- White v. . ConnellySupreme Court of North Carolina · 1890
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. ScottSupreme Court of North Carolina · 1921
- State Ex Rel. Attorney-General v. KnightSupreme Court of North Carolina · 1915
- State v. . ScottSupreme Court of North Carolina · 1921
- Ogden Building & Loan Ass'n v. MenschIllinois Supreme Court · 1902
- Kothe v. Krag-Reynolds Co.Indiana Court of Appeals · 1898
20 more not listed; retrieve them via the Exa API.