Lance v. Tainter.
Supreme Court of North Carolina
ActioN by N. J. Lance against A. C. Tainter and another, beard by Judge B. F. Long, at January Term, 1904, of tbe Superior Court of MadisoN County. From a judgment for tbe plaintiff tbe defendants appealed.
1Opinion of the CourtClark, C. J.
This is an action by tbe plaintiff, as trustee in bankruptcy of two bankrupts, to have cancelled a deed in trust executed by them jointly, because it was acknowledged by both grantors and privy examination of their wives was taken before the trustee named in said deed, who was a notary public. The trustee in the deed being an interested person, the acknowledgment and privy examination before him were absolutely void. Long v. Crews, 113 N. C., 256, and cases cited; 1 Devlin Deeds, secs. 476 and 477; 1 Cyc., 553, and notes.
The acknowledgment being a nullity, so was the probate by the Clerk…
2Cases cited3 opinions
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Robinson v. WilloughbySupreme Court of North Carolina · 1874
- Long v. . CrewsSupreme Court of North Carolina · 1893
3Cited by17 opinions
- Cowan v. DaleSupreme Court of North Carolina · 1925
- McClure v. . CrowSupreme Court of North Carolina · 1929
- Smith v. Ayden Lumber Co.Supreme Court of North Carolina · 1907
- Wood v. . LeweySupreme Court of North Carolina · 1910
- Cowan v. . DaleSupreme Court of North Carolina · 1925
12 more not listed; retrieve them via the Exa API.