Legal Opinion

Walton v. . Parish

Supreme Court of North Carolina

Decided October 5, 1886PublishedCited by 7 opinions

Ciyid action, tried before Philips, Judge, and a jury, at August Civil Term, 1886, of the Superior Court of Wake 'County. This action, commenced on January 20th, 1885, upon an averment of title in the plaintiff, is to recover possession of the tract of land described in the complaint, and damages for the withholding, and the. defendant Willis Parish, makes no answer thereto.

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Ciyid action, tried before Philips, Judge, and a jury, at August Civil Term, 1886, of the Superior Court of Wake 'County. This action, commenced on January 20th, 1885, upon an averment of title in the plaintiff, is to recover possession of the tract of land described in the complaint, and damages for the withholding, and the. defendant Willis Parish, makes no answer thereto. The feme .defendant, Mary, his wife, does answer the allegations of the complaint-, and both denies the plaintiff ownership and asserts title in herself. The plaintiffs derive title-under and by virtue of an execution…

1Opinion of the CourtSmith, C. J.

(after stating the facts). The instrument made-in the year 1862, in the form of a deed of conveyance as to its operation and effect, is governed by the law then in force, and is-unaffected by the changes in the marital relations since made under the Constitution and by statute. It is of course, inoperative in passing the legal estate in the land, because of the legal-unity of the parties, between whom no contract, executory or executed, could be entered into. If it has any efficacy, it must, be found in the principles and rules recognized and enforced im equity.

“ Iu England,” says RufttN, C.…

2Cases cited5 opinions

  1. Deming v. WilliamsSupreme Court of Connecticut · 1857
  2. Taylor v. . EatmanSupreme Court of North Carolina · 1885
  3. Wells v. WellsMississippi Supreme Court · 1858
  4. Cecil v. . SmithSupreme Court of North Carolina · 1879
  5. Taylor v. . AppleSupreme Court of North Carolina · 1884

3Cited by7 opinions

  1. Sims v. . RaySupreme Court of North Carolina · 1887
  2. Chrysler Credit Corp. v. BurtonDistrict Court, M.D. North Carolina · 1984
  3. Jones v. . CoffeySupreme Court of North Carolina · 1891
  4. Winborne v. . DowningSupreme Court of North Carolina · 1890
  5. Garner v. . GarnerSupreme Court of North Carolina · 1852

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