Strain v. Fitzgerald.
Supreme Court of North Carolina
PetitioN to rehear this case as reported in 128 N. C., 396, is allowed.
1Opinion of the CourtClark, J.
This is a petition to rehear this case, reported in 128 N. C., 396, for that the Court inadvertently failed to pass upon the exception that'the Court below excluded competent parol evidence which was offered to prove that there was’in fact a seal to the Sheriff’s deed. If that had been shown, the most critical examination could not have distinguished this case from Heath v. Cotton Mills, 115 N. C., 202. In that case it was held that where the record represents on its face, as by recitals or otherwise, that the instrument was sealed, and, in fact, it was duly sealed, the record is valid and…
2Cases cited10 opinions
- Carpenter v. DexterSupreme Court of the United States · 1869
- Long v. Joplin Mining & Smelting Co.Supreme Court of Missouri · 1878
- Heath, Springs & Co. v. Big Falls Cotton MillsSupreme Court of North Carolina · 1894
- Patterson v. . GalliherSupreme Court of North Carolina · 1898
- State v. WisdomSupreme Court of Missouri · 1884
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3Cited by8 opinions
- Roberts v. . SaundersSupreme Court of North Carolina · 1926
- Brown v. HutchinsonSupreme Court of North Carolina · 1911
- Smith v. Ayden Lumber Co.Supreme Court of North Carolina · 1907
- Williams v. North Carolina State Board of EducationSupreme Court of North Carolina · 1974
- Brown v. . HutchinsonSupreme Court of North Carolina · 1911
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