Den on Demise of Etheridge v. Ashbee
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Currituck County, at the Spring Term 1849, his Honor Judge Manly presiding. Both parties claim under Lydia Cook, the wife of John Cook. It is admitted, that if a deed from Cook and wife to William C. Etheridge is valid to pass the title of Lydia Cook, then the plaintiff is not entitled to recover. If the deed be not valid, then the,plaintiff is entitled to recover.
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Appeal from the Superior Court of Law of Currituck County, at the Spring Term 1849, his Honor Judge Manly presiding. Both parties claim under Lydia Cook, the wife of John Cook. It is admitted, that if a deed from Cook and wife to William C. Etheridge is valid to pass the title of Lydia Cook, then the plaintiff is not entitled to recover. If the deed be not valid, then the,plaintiff is entitled to recover. The deed is in the usual form, signed and sealed by both Cook and Lydia Cook, attested by John L. Scurr. Upon the back of the deed, are the following endorsements : “State of North Carolina,…
1Opinion of the CourtPearson, J.
His Honor was of opinion, that the deed was valid to pass the title of Mrs. Cook. With every dis. position to give effect to the deeds oí femes covert, we cannot concur in that opinion. The privy examination was not taken as the law requires.
Suppose W. D. Barnard was a member of the County Court, appointed to take the privy examination of Mrs. Cook, his certificate is not, that she was privily examined by him, but that “in open Court she acknowledged,” &c.
So, the certificate of the Clerk is inconsistent and repugnant, as endorsed on the deed. It says: “this deed from John D. Cook and wife…
2Cited by1 opinion
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