Myrover v. . French .
Supreme Court of North Carolina
Civil action, in the nature of a Bill in Equity, tried before Kerr, J., at Spring Term, 1875, of the Superior Court of Robeson county. The action was brought for the purpose of ascertaining the rights of the parties under a deed of trust and for an account of the rents and profits of certain lands thereon conveyed. All the facts necessary to an understanding of the case, as decided, are stated in the opinion of the Court.
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Civil action, in the nature of a Bill in Equity, tried before Kerr, J., at Spring Term, 1875, of the Superior Court of Robeson county. The action was brought for the purpose of ascertaining the rights of the parties under a deed of trust and for an account of the rents and profits of certain lands thereon conveyed. All the facts necessary to an understanding of the case, as decided, are stated in the opinion of the Court. Judgment was rendered in favor of the defendants, and thereupon the plaintiffs appealed.
1Opinion of the Court
"BxNUM, J,
Where a deed is prepared by the bargainor, •.signed and sealed ,b,y him, is attested at his request by witness, and without being delivered to or even seen by the bargainee, is, by the direction of the bargainéq, proven in Court and registered, this amounts to a valid delivery. Snider v. Sackenhour, 2 Ired Fq., 360. Ellington v. Currie, 5 Ired. Eq., 21.
Here, French being in failing circumstances, and indebted to Myrover in the sum of $4,000, and to King, in the sum of $2,000, desired to secure the payment of these two debts, and to that end prepared, signed and sealed a deed for the…
2Cases cited1 opinion
- O. Sprinkle v. . Julius MartinSupreme Court of North Carolina · 1872
3Cited by4 opinions
- State Ex Rel. Pate v. OliverSupreme Court of North Carolina · 1889
- McPeters v. English.Supreme Court of North Carolina · 1906
- Schoffner v. . FoglemanSupreme Court of North Carolina · 1864
- Gwathmey Dobie v. . PearceSupreme Court of North Carolina · 1876