Exum v. . Baker
Supreme Court of North Carolina
Civil aotioN, to recover possession of land, tried before Graham, J,, at December Special Term, 1895, of G-beene Superior Court. The defendant admitted possession but denied title in the plaintiff.
Read the full summary
Civil aotioN, to recover possession of land, tried before Graham, J,, at December Special Term, 1895, of G-beene Superior Court. The defendant admitted possession but denied title in the plaintiff. The plaintiff offered the following deed in support of his title : “ Whereas, at spring term, 1889, of the superior court of Greene county, Josiah Exum and W. D. Wallace, assignees of W. H. Dail & Bro., obtained a judgment of foreclosure against Bryant Baker and wife, Mi tty Baker, on a certain mortgage set out in the pleadings in said action ; that Theo. Edwards was appointed a Commissioner to…
1Opinion of the CourtFaircloth, C. J.
(after stating the facts): The sole question presented is the validity of the deed offered in evidence to pass title. In the argument against it the only reason assigned is that the grantor failed to add to his signature the word “commissioner.” It sometimes happens that when a deed is defective in foim it is necessary to find the intention of the act.
In this case the intention, from the recitals in the deed, is so manifest that the Court cannot fail to see it. The regularity of the proceedings recited in the case is admitted and also of the sale under which the plaintiff claims.
"When the…
2Cases cited2 opinions
- Towles v. . FisherSupreme Court of North Carolina · 1877
- Bryson v. . LucasSupreme Court of North Carolina · 1881
3Cited by8 opinions
- Herring v. WilliamsSupreme Court of North Carolina · 1911
- Denson v. Pine State Creamery Co.Supreme Court of North Carolina · 1926
- Tocci v. . NowfallSupreme Court of North Carolina · 1942
- Herring v. . WilliamsSupreme Court of North Carolina · 1911
- Tocci v. NowfallSupreme Court of North Carolina · 1942
3 more not listed; retrieve them via the Exa API.