Edwards v. . Dickinson
Supreme Court of North Carolina
Civil actioN, heard before Philips, J., at Spring Term, 1889, of the Superior Court of AlleghaNY. The plaintiff, on the 3d day of August, 1888, sued out of the office of the Clerk of the Superior Court of Alleghany, a summons against the defendant, and simultaneously a warrant of attachment against his estate, he being a non-resident, and, to complete the service, obtained an order of publication, which was accordingly executed.
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Civil actioN, heard before Philips, J., at Spring Term, 1889, of the Superior Court of AlleghaNY. The plaintiff, on the 3d day of August, 1888, sued out of the office of the Clerk of the Superior Court of Alleghany, a summons against the defendant, and simultaneously a warrant of attachment against his estate, he being a non-resident, and, to complete the service, obtained an order of publication, which was accordingly executed. At Spring Term, 1889, the defendant’s counsel, A. E. Holton and George W. Brown, entered for him a special appearance and moved to dismiss the action, for the reason…
1Opinion of the CourtSmith, C. J.
The probate and registration of a deed conveying land as a substitute, dispensing with the old form of livery of seizin (The Code, § 1245), have been so far deemed necessary to its efficacy in transferring the estate, that, if before such registration, it be surrendered and cancelled, the title will remain undisturbed in the maker, when no intervening rights of others have been acquired to be affected thereby. This is held in Hare v. Jernigan, 76 N C., 471, and many other caseá cited in the argument of counsel, down to that of Southerland v. Hunter, 93 N. C., 310. In-the latter case, it is…
2Cases cited7 opinions
- Fortune v. . WatkinsSupreme Court of North Carolina · 1886
- Davis v. . InscoeSupreme Court of North Carolina · 1881
- Phifer v. . BarnhartSupreme Court of North Carolina · 1883
- Austin v. . KingSupreme Court of North Carolina · 1884
- Southerland v. . HunterSupreme Court of North Carolina · 1885
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3Cited by5 opinions
- Williams v. North Carolina State Board of EducationSupreme Court of North Carolina · 1974
- Norwood v. . MarrowSupreme Court of North Carolina · 1838
- Lackett v. RumbaughU.S. Circuit Court for the District of Western North Carolina · 1891
- Miser Gold Mining & Milling Co. v. MoodySupreme Court of Colorado · 1906
- Hodges v. . SpicerSupreme Court of North Carolina · 1878