Evans v. . Etheridge
Supreme Court of North Carolina
Deed — Registration—Probate—Commissioners of Affidavits— Purchasers— Creditors. Civil actioN, tried before Avery, J., at the Spring Term, 1887, of the Superior Court of the County of Dare. By consent a trial by jury was waived and it was agreed that issues of fact as well as of law should be tried by the Court.
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Deed — Registration—Probate—Commissioners of Affidavits— Purchasers— Creditors. Civil actioN, tried before Avery, J., at the Spring Term, 1887, of the Superior Court of the County of Dare. By consent a trial by jury was waived and it was agreed that issues of fact as well as of law should be tried by the Court. The material facts are in substance, that on the 21st of May, 1886, the defendants J. W. Etheridge and his wife, then and still residents of the District of Columbia, executed a deed of trust to W. T. Brinkley conveying to him the property therein and for the purposes named. The deed…
1Opinion of the Court
Davis, J.,
(after stating the case). Though the case states that the summons and writ of attachment were issued by the plaintiff, who was the Clerk, no question is raised as to their validity, that having been settled on a former appeal, (96 N. C., 42,) and the only question presented for our consideration is: Was the deed from Etheridge and wife to W. T. Brinkley so proved and registered as to give it validity against creditors of the bargainor? The appellee says it was; the appellant says it was not, andi nsists that an adjudication by the Clerk of the Superior Court that the deed was duly…
2Cases cited4 opinions
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Young v. . JacksonSupreme Court of North Carolina · 1885
- Holmes v. . MarshallSupreme Court of North Carolina · 1875
- Evans v. . EtheridgeSupreme Court of North Carolina · 1887
3Cited by15 opinions
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
- State Ex Rel. Attorney-General v. KnightSupreme Court of North Carolina · 1915
- White v. . ConnellySupreme Court of North Carolina · 1890
- McClure v. . CrowSupreme Court of North Carolina · 1929
- Johnson v. Eversole Lumber Co.Supreme Court of North Carolina · 1908
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