Legal Opinion

King v. . McRackan

Supreme Court of North Carolina

Decided April 14, 1915PublishedCited by 33 opinions

Appeal by defendant from 0. H. Allen, J., at November Term, 1914, of Columbus. Action to recover land, in wliicli tbe plaintiff claims title under the following chain of title: 1. Deed from Shade Woot-en to his wife, Sarah E. Wooten, dated 4 August, 1880, registered 7 June, 1882. It was admitted that the defendants claimed title under a deed from Sarah E. Wooten and her husband, Shade Wooten. 2. Deed from Sarah E. Wooten to Jessie D. Wooten, dated 20 June, 1893, registered…

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Appeal by defendant from 0. H. Allen, J., at November Term, 1914, of Columbus. Action to recover land, in wliicli tbe plaintiff claims title under the following chain of title: 1. Deed from Shade Woot-en to his wife, Sarah E. Wooten, dated 4 August, 1880, registered 7 June, 1882. It was admitted that the defendants claimed title under a deed from Sarah E. Wooten and her husband, Shade Wooten. 2. Deed from Sarah E. Wooten to Jessie D. Wooten, dated 20 June, 1893, registered 30 December, 1893. The defendants objected to this deed on the ground that it is insufficient to pass the title to the…

1Opinion of the CourtAllen-, J.

The deed from Sarah E. Wooten to Jessie D. Wooten was considered in Council v. Pridgen, 153 N. C., 444, and it was then held that it was not a valid conveyance, on account of the failure of the husband of the grantor to join in its execution and because the private examination of the grantor, a married woman, had not been taken, and'as this deed is a necessary link in the plaintiff’s title, he must rely on adverse possession under color.

The defendant objected to .the introduction of this deed upon the ground that it was neither valid as a conveyance nor as color of title, and to the deeds…

2Cases cited15 opinions

  1. Collins v. Davis.Supreme Court of North Carolina · 1903
  2. Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
  3. Austin v. . StatenSupreme Court of North Carolina · 1900
  4. Worthy v. . CaddellSupreme Court of North Carolina · 1877
  5. William Falls v. . Robert F. GambleSupreme Court of North Carolina · 1872

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3Cited by33 opinions

  1. Eaton v. . DoubSupreme Court of North Carolina · 1925
  2. Hill v. Pinelawn Memorial Park, Inc.Supreme Court of North Carolina · 1981
  3. Lawing v. JaynesSupreme Court of North Carolina · 1974
  4. Whitehurst v. AbbottSupreme Court of North Carolina · 1945
  5. Potter v. National Supply Co.Supreme Court of North Carolina · 1949

28 more not listed; retrieve them via the Exa API.

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