Legal Opinion

Cowen v. . Withrow

Supreme Court of North Carolina

Decided September 5, 1892PublishedCited by 5 opinions

This was a civil ACTION for the recovery of land, tried by Bynum, J., at the Spring Term, 1892, of the Superior Court of Rutherford County. On the trial the plaintiff put in evidence a deed from the Sheriff of Rutherford County, purporting to convey the title and interest of the husband defendant, T. J. Withrow, in the land. This deed was dated on the 3d day of December, 1888, and registered on the 11th day of the same month.

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This was a civil ACTION for the recovery of land, tried by Bynum, J., at the Spring Term, 1892, of the Superior Court of Rutherford County. On the trial the plaintiff put in evidence a deed from the Sheriff of Rutherford County, purporting to convey the title and interest of the husband defendant, T. J. Withrow, in the land. This deed was dated on the 3d day of December, 1888, and registered on the 11th day of the same month. The plaintiff further put in evidence execution authorizing a sale of the land by. the Sheriff, founded upon judgments docketed in Rutherford County before the…

1Opinion of the Court

Shepherd,-C J.:

In the absence of fraud, Mrs. Withrow, the grantee in the unregistered deed, was the equitable owner o'f the land in controversy. Ray v. Wilcoxson, 107 N. C., 515. The land was sold under execution against her grantor and was purchased by the plaintiff through his agent. There was testimony tending to show that this agent was notified at the sale, and before the bidding, of Mrs. Withrow’s claim under the said unregistered deed. The Court charged the jury that the notice to the agent was not notice to his principal, and that only " actual ” notice to the latter could affect him…

2Cases cited2 opinions

  1. Rollins v. . HenrySupreme Court of North Carolina · 1878
  2. Cowen v. . WithrowSupreme Court of North Carolina · 1891

3Cited by5 opinions

  1. Patterson v. . MillsSupreme Court of North Carolina · 1897
  2. Cowen v. . WithrowSupreme Court of North Carolina · 1895
  3. Cowen v. . WithrowSupreme Court of North Carolina · 1895
  4. Cowen v. WithrowSupreme Court of North Carolina · 1893
  5. Maryland Casualty Co. v. FowlerDistrict Court, M.D. North Carolina · 1928

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