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…
1DissentClark, C. J.
The deed in question was signed by Nancy Butler, the owner in fee of the land, and her acknowledgment and privy examination were duly taken. Later the justice of the peace finding that he had omitted to certify, as he mistakenly thought Rev., 2107, required, that “the conveyance was not unreasonable or injurious to her,” amended his certificate to embrace such finding before any rights had accrued to purchasers or others for valuble consideration. This finding was necessarily based on the original examination, for Mrs. Butler was dead when the amendment was made.
It would seem that this should…
2Cases cited7 opinions
- Kearney v. . VannSupreme Court of North Carolina · 1911
- Vann v. Edwards.Supreme Court of North Carolina · 1904
- Singleton v. . CherrySupreme Court of North Carolina · 1915
- Council v. PridgenSupreme Court of North Carolina · 1910
- Weir v. . PageSupreme Court of North Carolina · 1891
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