Starke v. . Etheridge
Supreme Court of North Carolina
Civil actioN, originally a bill in equity under the old system for the purpose of removing a trustee and appointing a receiver, submitted to and determined by Moore, Jat the Spring Term, 1873, of CamdeN Superior Court.
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Civil actioN, originally a bill in equity under the old system for the purpose of removing a trustee and appointing a receiver, submitted to and determined by Moore, Jat the Spring Term, 1873, of CamdeN Superior Court. Tbe material facts pertinent to the points decided in this Court, and agreed, are substantially as follows; On the 4th day of April, 1867, the defendant Etheridge executed a deed of trust to the other defendant, Sanderlin, to secure certain persons who were his bondsmen and sureties. The bill in equity was filed to remove Sanderlin from the trusteeship and to get possession of…
1Opinion of the CourtBynum, J.
The plaintiff, Starke, who was the purchaser at the execution sale;- insists that the deed in trust is void as to him, upon two-.grounds :
1. Eor want of probate in due form. Bat. Rev., chap. 35-, sec. 1, provides that no conveyance of land shall be good and available in law; unless the same shall be acknowledged by the grantor or proved-on oath, by one or more witnesses, in the manner thereafter directed, and registered in the county where the land- shall lie.
And the 2nd section provides that “ all deeds, &c., required or allowed to be registered, may be admitted to registration in the proper…
2Cited by14 opinions
- Quinnerly v. . QuinnerlySupreme Court of North Carolina · 1894
- Bailey v. . HassellSupreme Court of North Carolina · 1922
- Freeman v. . MorrisonSupreme Court of North Carolina · 1938
- McClure v. . CrowSupreme Court of North Carolina · 1929
- Strickland v. . DraughanSupreme Court of North Carolina · 1883
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