Dillon v. . Broeker
Supreme Court of North Carolina
Appeal by plaintiff from Devin, J., at June Term, 1919, of Washington. Tbis is an action to compel specific performance of a contract to convey land, the defendant herein being the registered owner of the land' under the Torrens Law. The plaintiff admitted upon the trial that his contract had not been registered under the Torrens Law and that the affidavit required by section 25 of said law had not been filed.
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Appeal by plaintiff from Devin, J., at June Term, 1919, of Washington. Tbis is an action to compel specific performance of a contract to convey land, the defendant herein being the registered owner of the land' under the Torrens Law. The plaintiff admitted upon the trial that his contract had not been registered under the Torrens Law and that the affidavit required by section 25 of said law had not been filed. The jury returned the following verdict: 1. Did the defendant contract in writing- to convey to plaintiff the land described in the complaint? Answer: “Yes.” 2.. Did plaintiff, within…
1Opinion of the CourtAllen, J.
The Torrens Law is comparatively new in this State, having been enacted in 1913 (ch. 90, Laws 1913), and it marks so wide a departure from the principles before existent, regulating the acquisition of titles to land or any interest therein, that but little if any assistance can be bad in determining its proper construction by recurrence to former statutes and decisions.
It was first adopted in Australia in 1867 at the instance of Sir Eobert Torrens, wbicb accounts for its name, and is now a part of the statute law of many of the States of this country.
As stated in Devlin on Deeds, Vol. 3,…
2Cases cited1 opinion
- Cape Lookout Co. v. . GoldSupreme Court of North Carolina · 1914
3Cited by6 opinions
- State v. JohnsonSupreme Court of North Carolina · 1971
- Waterhouse v. Capital Investment Co.Hawaii Supreme Court · 1960
- Perry v. . MorganSupreme Court of North Carolina · 1941
- Richmond Cedar Works v. Farmers Manufacturing Co.Court of Appeals of North Carolina · 1979
- Groene v. BoyleOhio Supreme Court · 1943
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