McMillan v. . Edwards
Supreme Court of North Carolina
Civil ActioN, tried before Furches, J:, at Spring Term,. 1876, of Alleghany Superior Court. The complaint alleges substantially the following facts .- That the plaintiff is the owner of the locus in quo, consisting of about five hundred acres of land. Said land was sold under execution against one Archibald Edwards, who was the owner thereof at the time of said sale, and was purchased by the plaintiff.
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Civil ActioN, tried before Furches, J:, at Spring Term,. 1876, of Alleghany Superior Court. The complaint alleges substantially the following facts .- That the plaintiff is the owner of the locus in quo, consisting of about five hundred acres of land. Said land was sold under execution against one Archibald Edwards, who was the owner thereof at the time of said sale, and was purchased by the plaintiff. That the sheriff of said county executed a deed conveying said land to the plaintiff, and that the deed has been lost or mislaid. Said deed has never been registered. That the defendant is in…
1Opinion of the CourtBynum, J.
If the allegations of the complaint are true, :and the deed from the sheriff had been registered, the plaintiff would be entitled to recover in this action. The title to land does not pass until the registration of the deed. Bat. Rev., chap. 35, sec. 1. Wilson v. Spanks, 72 N. C. Rep., 208; Hogan v. Strayhorn, 65 N. C. Rep., 279; Triplett v. Witherspoon, 74 N. C. Rep., 475. It was the duty of the sheriff not ■only to execute the deed, but such a deed as would be effectual to pass all the interest of the defendant, subject to sale '■and that was sold-under the execution. If by loss of the…
2Cases cited3 opinions
- Hogan v. . StrayhornSupreme Court of North Carolina · 1871
- Triplett v. . WitherspoonSupreme Court of North Carolina · 1876
- Wilson v. . SparksSupreme Court of North Carolina · 1875
3Cited by12 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Brown v. HutchinsonSupreme Court of North Carolina · 1911
- Respass v. . JonesSupreme Court of North Carolina · 1889
- Hare v. . JerniganSupreme Court of North Carolina · 1877
- McMillan v. . BaxleySupreme Court of North Carolina · 1893
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