Legal Opinion

Davis v. . Whitaker

Supreme Court of North Carolina

Decided February 5, 1894PublishedCited by 24 opinions

Civil ACTION, tried before Graves, J., at March Term, 1894, of Halifax Superior Court, on an agreed statement of facts of which those necessary to an understanding of the decision are set out in the opinion of Chief Justice Shepherd. From a judgment for the plaintiffs the defendants appealed.

1Opinion of the Court

Shepherd, C. J.:

The only question presented for our consideration is whether the deed to Spier Whitaker, trustee, was properly registered, so as to give it priority over the deed executed to Dobie & Co. on the.28th January, 1890. The deed to Whitaker was duly admitted to probate on the loth of January, 1883, and ordered to be registered with the certificate of the Clerk of the Superior Court, and on the same day, together witli the fee for its registration, it was delivered by the Clerk to the Register of Deeds, who made thereon the following indorsement: “Received and recorded January 15,…

2Cases cited3 opinions

  1. Dewey v. . SuggSupreme Court of North Carolina · 1891
  2. Parker v. . ScottSupreme Court of North Carolina · 1870
  3. Moore v. . RaglandSupreme Court of North Carolina · 1876

3Cited by24 opinions

  1. Dorman v. GoodmanSupreme Court of North Carolina · 1938
  2. Dorman v. . GoodmanSupreme Court of North Carolina · 1938
  3. State ex rel. Daniel v. GrizzardSupreme Court of North Carolina · 1895
  4. Ely v. . NormanSupreme Court of North Carolina · 1918
  5. Fowle v. . HamSupreme Court of North Carolina · 1918

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