Byerly v. . Humphrey
Supreme Court of North Carolina
Civil action, tried before Boykin, Judge, and a jui’y, at September Term, 1886, of DavidsoN Superior Court. The plaintiff alleged, that she was the owner in fee of the lands described in the pleadings — that the defendant threatened and was about to sell the same, by virtue of a power contained in a deed of mortgage thereof, which it is pretended by the defendant she and her husband, now deceased, in his life-time, on the 22d day of October, 1883, executed to him to secure a…
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Civil action, tried before Boykin, Judge, and a jui’y, at September Term, 1886, of DavidsoN Superior Court. The plaintiff alleged, that she was the owner in fee of the lands described in the pleadings — that the defendant threatened and was about to sell the same, by virtue of a power contained in a deed of mortgage thereof, which it is pretended by the defendant she and her husband, now deceased, in his life-time, on the 22d day of October, 1883, executed to him to secure a pretended debt due from her and her husband to him for $750, evidenced by their single bond, dated the day last…
1Opinion of the CourtMebeimoN, J.
(after stating the facts). The defendant having conceded that the plaintiff had not executed the mortgage deed under which he proposed and claimed the right to sell her land, obviously the Court properly granted the relief sought by her. She was in possession of the iand, and could not bring an action at law, by which she could test the validity of the deed as to herself. It had such color and legal sanction, by reason of its apparent genuineness, the spurious probate of it, apparently regular and fair, and the registration thereof, as rendered it a standing menace and cloud upon her title.…
2Cases cited6 opinions
- Pixley v. HugginsCalifornia Supreme Court · 1860
- Pettit v. ShepherdNew York Court of Chancery · 1835
- Busbee v. . MacYSupreme Court of North Carolina · 1881
- Oakley v. Trustees of WilliamsburghNew York Court of Chancery · 1837
- Pearson v. . BoydenSupreme Court of North Carolina · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wallace v. . BennerSupreme Court of North Carolina · 1931
- Alexander v. DavisWest Virginia Supreme Court · 1896
- Merritt Milling Co. v. FinlaySupreme Court of North Carolina · 1892
- Newman MacHine Company v. NewmanSupreme Court of North Carolina · 1969
- Victor Talking Mach. Co. v. Brunswick-Balke-Collender Co.District Court, D. Delaware · 1922
7 more not listed; retrieve them via the Exa API.