Williams v. . Kerr
Supreme Court of North Carolina
This was a civil ACTION for the recovery of real estate, tried before Winston, J., and a jury, at February Term, 1892, of SampsoN Superior Court. Both plaintiff and defendant claim title to the locus in quo from one James S. Boone. The plaintiff offered a deed of mortgage dated 20th September, 1876, duly registered, from said Boone and wife to M. E. Parker, wife of J. P. Parker.
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This was a civil ACTION for the recovery of real estate, tried before Winston, J., and a jury, at February Term, 1892, of SampsoN Superior Court. Both plaintiff and defendant claim title to the locus in quo from one James S. Boone. The plaintiff offered a deed of mortgage dated 20th September, 1876, duly registered, from said Boone and wife to M. E. Parker, wife of J. P. Parker. Defendant objected to introduction of said deed, because it did not appear from the Clerk’s commission that the person authorized to take the same was a Justice of the Peace, or a resident of the county, or that he…
1Opinion of the Court
Clabk, J.:
It is true that if the mortgage was acknowledged before a Justice of the Peace not of the proper county \_The Code, §§1245,1246 (1)], the registration would be invalid. DeCourcy v. Bair, 45 N. C., 181; Todd v. Outlaw, 79 N. C., 235; Duke v. Markham, 105 N. C., 131, and cases cited; Devlin on Deeds, §§487, 488. It is also true, as contended, that the acts validating such irregular acknowledgments and probates (Acts 1891, chs. 12 and 102; Acts 1893, ch. 293), while good, probably, as between the parties, and as to third parties from the passage of the acts, would not validate such…
2Cases cited12 opinions
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
- Parker v. . BanksSupreme Court of North Carolina · 1878
- Collingwood v. . BrownSupreme Court of North Carolina · 1890
- Mobley v. . WattsSupreme Court of North Carolina · 1887
- W. F. Kornegay & Co. v. Farmers & Merchants' Steamboat Co.Supreme Court of North Carolina · 1890
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3Cited by9 opinions
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Gammon v. . JohnsonSupreme Court of North Carolina · 1900
- Jennings v. KiernanOregon Supreme Court · 1898
- McAllister v. . PurcellSupreme Court of North Carolina · 1899
- Demai v. . TartSupreme Court of North Carolina · 1942
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