Newell v. Edwards
Court of Appeals of North Carolina
1Opinion of the CourtParker, J.
A deed becomes operative to pass title only upon its delivery. Vinson v. Smith, 259 N.C. 95, 130 S.E. 2d 45. “A deed must always be consummated by delivery, which is the final act of execution, and this delivery must be either actually or constructively made by the grantor to the grantee.” Perry v. Hackney, 142 N.C. 368, 55 S.E. 289. After delivery, as between the parties, registration or even the continued existence of the physical instrument is not necessary to the continued existence of the grantee’s title. 23 Am. Jur. 2d, Deeds, § 310, p. 342. “The registration of deeds is primarily for…
2Cases cited9 opinions
- Davis v. . InscoeSupreme Court of North Carolina · 1881
- Perry v. HackneySupreme Court of North Carolina · 1906
- Wetherington v. Williams.Supreme Court of North Carolina · 1904
- Respass v. . JonesSupreme Court of North Carolina · 1889
- Hare v. . JerniganSupreme Court of North Carolina · 1877
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3Cited by1 opinion
- Hair v. HalesCourt of Appeals of North Carolina · 1989