Legal Opinion

Quinnerly v. . Quinnerly

Supreme Court of North Carolina

Decided February 5, 1894PublishedCited by 41 opinions

Civil actior, heard at Fall Term, 1893, of Pitt Superior Court, before Hoke, J., on a case agreed, the facts being substantially as follows; On the 18th day of December, 1875, Samuel Smith and wife sold and conveyed to the defendant Samuel Quinnerly a certain tract of land in Pitt county, by deed, which was duly probated and registered in said county.

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Civil actior, heard at Fall Term, 1893, of Pitt Superior Court, before Hoke, J., on a case agreed, the facts being substantially as follows; On the 18th day of December, 1875, Samuel Smith and wife sold and conveyed to the defendant Samuel Quinnerly a certain tract of land in Pitt county, by deed, which was duly probated and registered in said county. Upon the same day and date, and for the purpose of securing the unpaid balance of the purchase-money, the defendant Quinnerly simultaneously reconveyed the said land by mortgage deed to the vendor, Samuel Smith, which was recorded in the office…

1Opinion of the Court

Clajlik, J.:

The plaintiff contends that the probate of the mortgage to Nelson and Williams was insufficient to render the registration thereof valid. The ground assigned is that the-Probate Court did not adjudge that the mortgage had been acknowledged by the grantor, or its execution proved by the-witness thereto. It merely recites that the mortgagee had “procured the same to be proved by this Court.” It is true, as contended by the plaintiff, that, if the probate was ill fact insufficient, the registration was invalid and óf no effect. Todd v. Outlaw, 79 N. C., 235, and cases there cited.…

2Cases cited5 opinions

  1. Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
  2. Robinson v. WilloughbySupreme Court of North Carolina · 1874
  3. Blevins v. . BarkerSupreme Court of North Carolina · 1876
  4. Starke v. . EtheridgeSupreme Court of North Carolina · 1874
  5. Devereux v. . McMahonSupreme Court of North Carolina · 1889

3Cited by41 opinions

  1. Wood v. Tinsley.Supreme Court of North Carolina · 1905
  2. Bailey v. . HassellSupreme Court of North Carolina · 1922
  3. Blacknall v. . HancockSupreme Court of North Carolina · 1921
  4. Lanier v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1919
  5. Barrett v. . BarrettSupreme Court of North Carolina · 1897

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