Browne v. . Davis
Supreme Court of North Carolina
Civil ACTION for the recovery of laud, and damages for the wrongful detention thereof, tried at Spring Term, 1891, of Heetford Superior Court, Bryan, J., presiding. The plaintiffs, on January 18, 1887, by deed duly recorded in Pasquotank County, N. C., sold and conveyed to one W. 0. Temple six hundred and ninety-three acres of land in said county.
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Civil ACTION for the recovery of laud, and damages for the wrongful detention thereof, tried at Spring Term, 1891, of Heetford Superior Court, Bryan, J., presiding. The plaintiffs, on January 18, 1887, by deed duly recorded in Pasquotank County, N. C., sold and conveyed to one W. 0. Temple six hundred and ninety-three acres of land in said county. On the same day Temple and wife, by deed of trust, recorded in said county, conveyed said land (o one E. P. Lamb in trust to secure the payment of a portion of the purchase-money therefor. On the 7th day of February, 1888, Temple and w7ife, without…
1Opinion of the Court
ShKphekd, J.:
The trustor conveyed a part 'of the land included in the deed of trust to the defendant for the sum of four hu.ndred and fifty dollars, and at the same time the trustee made the following entry on the margin of the record of the said trust: “For value received I hereby release from the operation of this deed of trust, that portion of the within described tract of land which was sold by W. O. Temple and wife to John T. Davis by deed dated February 7th, 1888. Witness my hand and seal. (Signed) E. F. Lamb, Trustee. Witness, T. P. Wilcox, R. of D.” There was, in fact, no seal…
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