Cowen v. . Withrow
Supreme Court of North Carolina
Civil action for the recovery of laud, tried before Merri-mon, J., at Pall Term, 1891, of Rutherford Superior Court. The pleadings raised issues of fact that put iu question the sufficiency of the plaintiff’s title. On the trial he put in evidence a deed from the Sheriff of Rutherford County to him, purporting to convey the interest and title of the husband defendant in the land.
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Civil action for the recovery of laud, tried before Merri-mon, J., at Pall Term, 1891, of Rutherford Superior Court. The pleadings raised issues of fact that put iu question the sufficiency of the plaintiff’s title. On the trial he put in evidence a deed from the Sheriff of Rutherford County to him, purporting to convey the interest and title of the husband defendant in the land. This deed was dated the 3d of December, 1888, and registered on the eleventh day of the same month. The plaintiff further putin evidence executions authorizing a sale of the land by the Sheriff founded upon judgments…
1Opinion of the Court
MekrimoN, C. J.:
We are of opinion that the Court erred in refusing to give the jury the special instructions above set forth, as requested by the plaintiff, or the substance of them. The purpose of the statute (Acts 1885, ch. 147) is to require all conveyances of land to be registered as therein prescribed, and to render the same ineffectual without registration.' The first clause thereof, material here, provides: “No conveyance of land, or contract to convey or lease of land for more than three years, shall be valid to pass any property as against creditors or purchasers for a valuable…
2Cited by4 opinions
- Cowen v. . WithrowSupreme Court of North Carolina · 1892
- Gosney v. . McCullersSupreme Court of North Carolina · 1932
- Jones v. . RheaSupreme Court of North Carolina · 1930
- Cowen v. WithrowSupreme Court of North Carolina · 1893