Adderholt v. . Lowman
Supreme Court of North Carolina
Civil actioN to remove a cloud on title, beard and determined on case agreed before Harding, J., at November Term, 1919, of Caldwell.
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Civil actioN to remove a cloud on title, beard and determined on case agreed before Harding, J., at November Term, 1919, of Caldwell. From tbe facts presented, it appears tbat tbe land in controversy was owned by James Corpening, deceased, and tbat, in 1898, bis live children and beirs at law executed a power of attorney to C. A. Little as attorney in fact, authorizing said Little to sell and convey tbe property, tbat on 12 December, 1899, said C. A. Little sold and conveyed tbe property by deed sufficient in form to pass tbe fee-simple title to one W. D. Joblin, and tbe ownership and title…
1Opinion of the CourtHoke, J.
The power of attorney upon which plaintiff chiefly rests his claim, in so far as it purports to affect the estate or interest of a feme covert, comes directly under the statute, Rev., 952, requiring that her privy examination be taken, and it appearing that, at the time of its execution, Bettie Sudderth, one of the children of James Corpening, deceased, and, as such, owning one-fifth interest in the property, was a married woman, and that her privy examination has never been taken, by the express provisions of the statute and various decisions construing the same, both power of attorney and…
2Cases cited12 opinions
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- John L. Roper Lumber Co. v. Richmond Cedar WorksSupreme Court of North Carolina · 1914
- Covington v. . StewartSupreme Court of North Carolina · 1877
- Ward v. . Farmer SoutherlandSupreme Court of North Carolina · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Whitten v. PeaceSupreme Court of North Carolina · 1924
- Winstead v. . WoolardSupreme Court of North Carolina · 1944
- Capps v. . MasseySupreme Court of North Carolina · 1930
- Whitten v. . PeaceSupreme Court of North Carolina · 1924
- Roberts v. WadleySupreme Court of Georgia · 1923
1 more not listed; retrieve them via the Exa API.