Butler v. Butler
Supreme Court of North Carolina
Appeal by defendant from Whedbeo, J., at the March Term, 1915, of Gates. Action to recover land. The plaintiffs are the devisees of Nancy Butler, and the defendants are the devisees of David Butler, her husband.
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Appeal by defendant from Whedbeo, J., at the March Term, 1915, of Gates. Action to recover land. The plaintiffs are the devisees of Nancy Butler, and the defendants are the devisees of David Butler, her husband. Nancy Butler was the owner in fee of said land prior to 3 August, 1912, and. ou that day undertook to convey -the same to her said husband, David Butler, by deed which was duly acknowledged and the private examination properly taken, except that John J. Gatling, justice of the peace, who took said probate, failed to certify that said conveyance was not unreasonable and not injurious…
1ConcurrenceWalker, J.
My opinion is tbat tbe second certificate does, by fair implication, state tbat all tbe information upon which tbe justice proceeded in making it was acquired by him upon tbe privy examination of tbe wife. He does not say, nor does be use any language which, if properly construed, implies as much, tbat be was certifying as to tbe facts which be learned outside said examination. The mere added expression, “and upon a careful examination of tbe facts,” following tbe words, “I further certify tbat upon said examination,” plainly mean tbe facts disclosed by sucb examination, unless we extend tbe…
2Cases cited18 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- McMullen v. EaganWest Virginia Supreme Court · 1882
- Griffith v. VentressSupreme Court of Alabama · 1890
- Jones v. . CohenSupreme Court of North Carolina · 1880
- Wannall v. KemSupreme Court of Missouri · 1872
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