Barrett v. . Barrett
Supreme Court of North Carolina
Civil aotioN, for the cancellation of a deed, tried before Graham, J., at Fall Term, 1896, of Pitt Superior Court, on a case agreed as follows: “1. That prior to the 16th day of July, 1891, the feme plaintiff was seized of an undivided one-half interest in a certain tract of land in the county of Pitt, fully described and set out in her complaint, and that on the said day she and ber busband signed a deed purporting to convey, and sufficient in form to pass, a fee simple…
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Civil aotioN, for the cancellation of a deed, tried before Graham, J., at Fall Term, 1896, of Pitt Superior Court, on a case agreed as follows: “1. That prior to the 16th day of July, 1891, the feme plaintiff was seized of an undivided one-half interest in a certain tract of land in the county of Pitt, fully described and set out in her complaint, and that on the said day she and ber busband signed a deed purporting to convey, and sufficient in form to pass, a fee simple title in her said interest in the land to one R. B. Bynum, executing his note for the purchase money thereof in the sum of…
1Opinion of the Court
ClaeK, J.:
The acknowledgment and privy examination of the wife having been takeii prior to the proof of the execution of the deed by the husband, the probate was insufficient, under the Code, Section 1256; McGlennery v. Miller, 90 N. C., 215; Ferguson v. Kinsland, 93 N. C., 337; Southerland v. Hunter, Ibid, 310; Lineberger v. Tidwell, 104 N. C., 506. A registration had upon an unauthorized probate is invalid. DeCourcy s. Barr, 45 N. C., 181; Todd v. Outlaw, 79 N. C., 235; Duke v. Markham,, 105 N. C., 131. And if third parties acquired rights, as by liens, against the grantor or conveyances…
2Cases cited14 opinions
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
- Pippen v. . WessonSupreme Court of North Carolina · 1876
- Quinnerly v. . QuinnerlySupreme Court of North Carolina · 1894
- Robinson v. WilloughbySupreme Court of North Carolina · 1874
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Anderson v. WilkinsSupreme Court of North Carolina · 1906
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
- Reid v. Norfolk Southern RailroadSupreme Court of North Carolina · 1913
- Anderson v. . WilkinsSupreme Court of North Carolina · 1906
- Mills v. Damson Oil Corp.Court of Appeals for the Fifth Circuit · 1982
16 more not listed; retrieve them via the Exa API.