Legal Opinion

McGlawhorn v. . Worthington

Supreme Court of North Carolina

Decided September 5, 1887PublishedCited by 13 opinions

This is a civil ACTION, which was tried before Shepherd, Judge, at Fall Term, 1886, of Pitt Superior Court. On the trial the plaintiff put in evidence a deed from Jeremiah Worthington, administrator of Susan Worthington, deceased, dated January 28th, 1877, which recited that the administrator was “ licensed and empowered to sell and convey the real estate of said deceased hereinafter described;” that he did sell by public auction the real estate of the said deceased…

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This is a civil ACTION, which was tried before Shepherd, Judge, at Fall Term, 1886, of Pitt Superior Court. On the trial the plaintiff put in evidence a deed from Jeremiah Worthington, administrator of Susan Worthington, deceased, dated January 28th, 1877, which recited that the administrator was “ licensed and empowered to sell and convey the real estate of said deceased hereinafter described;” that he did sell by public auction the real estate of the said deceased hereinafter described, &c., and the land is therein described as “ all that tract or parcel of land situate in said county and…

1Opinion of the Court

MekrimoN,J.,

(after stating the case). There is no assignment of error in the record as to the admission or effect of the report of the commissioners who made partition of the land of Spier Worthington, deceased, among his heirs at law, and this Court must confine its action to the correction of errors assigned. It is stated in the case settled upon, appeal, that this report was put in evidence without objection.

As to the first exception, we think the reference to and description of the land in the deed was sufficiently definite to render the deed effectual in this respect.

A particular tract —…

2Cases cited5 opinions

  1. Fowler v. . PoorSupreme Court of North Carolina · 1885
  2. Stancill and Gay v. . GaySupreme Court of North Carolina · 1885
  3. Hare v. . HollomonSupreme Court of North Carolina · 1886
  4. Brown v. . CobleSupreme Court of North Carolina · 1877
  5. Wharton v. . EbornSupreme Court of North Carolina · 1883

3Cited by13 opinions

  1. Rackley v. RobertsSupreme Court of North Carolina · 1908
  2. Speed v. PerrySupreme Court of North Carolina · 1914
  3. Perry v. . ScottSupreme Court of North Carolina · 1891
  4. Speed v. . PerrySupreme Court of North Carolina · 1914
  5. Blow v. . VaughanSupreme Court of North Carolina · 1890

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