Withrell v. . Murphy
Supreme Court of North Carolina
Appeal from Oouncill, J., at Spring Term, 1910, of YaNcey. Tbis was an action brought to try the title to certain tracts of land described in the complaint, for possession thereof and for the annual rental value. The defendant disclaimed any title to or interest in tract 2 described in the complaint.
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Appeal from Oouncill, J., at Spring Term, 1910, of YaNcey. Tbis was an action brought to try the title to certain tracts of land described in the complaint, for possession thereof and for the annual rental value. The defendant disclaimed any title to or interest in tract 2 described in the complaint. The questions involved are presented upon agreed facts, as follows: “It is agreed by both plaintiff and defendants that they hold under a common source, to wit, the National Graphite Company. The plaintiff’s first chain of title from the National Graphite Company is a deed of trust from the…
1Opinion of the Court
MANNING, J.,
after stating the case: The right of the plaintiff to recover in this action depends entirely upon the validity of the deed of trust under which he claims title. If, for any cause, that deed was ineffectual to pass the title of the property described therein as against creditors or purchasers, then he must fail in this action and the judgment rendered by his Honor at the trial in the Superior Court must be affirmed. It is well and thoroughly settled by repeated decisions of this Court that “until a deed is proved in the manner prescribed by statute, the public register has no…
2Cases cited9 opinions
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
- Pelletier v. Greenville Lumber Co.Supreme Court of North Carolina · 1898
- Shaffer v. . HahnSupreme Court of North Carolina · 1892
- Battery Park Bank v. Western Carolina BankSupreme Court of North Carolina · 1900
- C., B. & Q. R. v. LewisSupreme Court of Iowa · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Bailey v. . HassellSupreme Court of North Carolina · 1922
- National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952
- McClure v. . CrowSupreme Court of North Carolina · 1929
- Haas v. RendlemanCourt of Appeals for the Fourth Circuit · 1933
- Board of Com'rs v. A. V. Wills & SonsDistrict Court, E.D. North Carolina · 1916
6 more not listed; retrieve them via the Exa API.