Lineberger v. . Tidwell
Supreme Court of North Carolina
Deed, Execution and Probate — Privy Examination — Husband and Wife — Seal—Justice of the Peace — Statute—Issues. This is a civil ACTION, which was brought to recover possession of land, tried at the August Term, 1889, of the Superior Court of Cleveland County, before Connor, J. The plaintiffs alleged title in themselves, and wrongful possession and damage on the part of the defendants, in the usual form, and then averred more specifically that the defendants executed a…
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Deed, Execution and Probate — Privy Examination — Husband and Wife — Seal—Justice of the Peace — Statute—Issues. This is a civil ACTION, which was brought to recover possession of land, tried at the August Term, 1889, of the Superior Court of Cleveland County, before Connor, J. The plaintiffs alleged title in themselves, and wrongful possession and damage on the part of the defendants, in the usual form, and then averred more specifically that the defendants executed a mortgage deed to J. W. McMurray & Co. in 1887, conveying the land in dispute to secure the payment of a sum of money due,…
1Opinion of the CourtAvery, J.
— after stating the facts: The main purpose of the action is to establish the plaintiffs’ title and right to present possession of the land in dispute. The general denial .by the defendants raises, as usual, the issues of title, possession and damages. It is competent for a defendant to show, under the general issue as to ownership, that a deed relied on by'the plaintiff to establish title is void, because it was executed in the face of a statute prohibiting its execution, or in such form or manner as amounts to a failure to comply with the mandatory requirements of the law. Jones v. Cohen,…
2Cases cited3 opinions
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Ferguson v. . KinslandSupreme Court of North Carolina · 1885
- Southerland v. . HunterSupreme Court of North Carolina · 1885
3Cited by14 opinions
- Toler v. . FrenchSupreme Court of North Carolina · 1938
- Barrett v. . BarrettSupreme Court of North Carolina · 1897
- Town of Checotah v. Town of EufaulaSupreme Court of Oklahoma · 1911
- Newman v. Virginia, T. & C. Steel & Iron Co.Court of Appeals for the Fourth Circuit · 1897
- Bank of Chatham v. ArendallSupreme Court of Virginia · 1941
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