Love's Executors v. . Harbin
Supreme Court of North Carolina
EjectmeNt tried at Fall Term, 1882, of Haywood Superior Court, before Shepherd, J. In this action the plaintiffs seek to recover the possession of a tract of land, claiming title to the same under the last will of James R. Love, deceased.
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EjectmeNt tried at Fall Term, 1882, of Haywood Superior Court, before Shepherd, J. In this action the plaintiffs seek to recover the possession of a tract of land, claiming title to the same under the last will of James R. Love, deceased. On the trial it was admitted by the defendants that said testator had once been seized of the land, and that the plaintiffs are entitled to the same under his will, unless the defendants could show that he had executed a deed in the year 1859, whereby he conveyed the same land to J. W. Harbin, the ancestor of the defendants, and which they set up in their…
1Opinion of the CourtRuffin, J.
Whatever may once have been our opinions upon the subject, it is now the settled rule in this state, that by reason of the efficacy which the statute gives to the fact of their registration, all deeds are- put upon the footing of feoffments which take effect by livery of seizen, and need no consideration, as between the parties, to support them. Hogan v. Strayhorn, 65 N. C., 279; Ivey v. Granberry, 66 N. C., 223; Mosely v. Mosely, ante, 69.
It is difficult to conceive of one whose equitable interest as a purchaser from the plaintiffs of record, with a bond for title of the very lands in…
2Cases cited4 opinions
- Hogan v. . StrayhornSupreme Court of North Carolina · 1871
- Starke v. . EtheridgeSupreme Court of North Carolina · 1874
- Elizabeth Ivey v. . Sarah A. GranberrySupreme Court of North Carolina · 1872
- Black v. . JusticeSupreme Court of North Carolina · 1882
3Cited by13 opinions
- Devereux v. . McMahonSupreme Court of North Carolina · 1891
- Helms v. . AustinSupreme Court of North Carolina · 1895
- Tarlton v. Griggs.Supreme Court of North Carolina · 1902
- Strickland v. . DraughanSupreme Court of North Carolina · 1883
- Belk Ex Rel. Belk v. BelkSupreme Court of North Carolina · 1917
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