Kidd v. . Venable
Supreme Court of North Carolina
ActioN to recover land, tried at Spring Term, 1892, of Surry Superior Court, before Armfield, J. A jury trial was waived, and the Court found the following facts: On __ day of May, 1835, the plaintiff was the owner of the land in controversy, and was at the time a feme covert and a minor, being eighteen years of age.
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ActioN to recover land, tried at Spring Term, 1892, of Surry Superior Court, before Armfield, J. A jury trial was waived, and the Court found the following facts: On __ day of May, 1835, the plaintiff was the owner of the land in controversy, and was at the time a feme covert and a minor, being eighteen years of age. On __ day of May, 1835, the plaintiff, with her husband, executed to John Yenable, under whom the defendant claims, a deed to the land, which was regular in form. The deed was offered for probate in the following form : “May Term of Surry Couniy Superior Court. Ordered by the…
1Opinion of the Court
MacRae, J.:
It appears from the statement of the case on appeal, that no exception was taken to the ruling of His Honor that the probate of the deed was sufficient in form. We would be precluded from entertaining an exception here which was not made below, except upon a question of jurisdiction or because the complaint does not state a cause of .action. Rule 27, and cases cited thereunder; Clark’s Code, page 696. As it was earnestly argued before us, however, by the learned counsel for the appellee, that the certificate of probate was insufficient to authorize the registration of the deed,…
2Cases cited4 opinions
- McGlennery v. . MillerSupreme Court of North Carolina · 1884
- Robbins v. . HarrisSupreme Court of North Carolina · 1887
- Doe on Demise of Wright v. . PlayerSupreme Court of North Carolina · 1875
- Malloy v. . BrudenSupreme Court of North Carolina · 1883
3Cited by4 opinions
- Ladd v. . LaddSupreme Court of North Carolina · 1897
- Brown v. HutchinsonSupreme Court of North Carolina · 1911
- Williams v. . KerrSupreme Court of North Carolina · 1893
- Brown v. . HutchinsonSupreme Court of North Carolina · 1911