Robbins v. Rascoe
Supreme Court of North Carolina
Civil action tried before Robinson, <•/., and a jury at Eall Term, 1896, of Bebtie Superior Court. The action was instituted by the plaintiff, as the alleged grantee of Thomas Gilliam, to ha\e the defendants declared trustees of and to convey certain lands to the plaintiff for life, with remainder in fee to her children, according to the limitations in a deed alleged to have been made and delivered by said Gilliam, and subsequently destroyed.
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Civil action tried before Robinson, <•/., and a jury at Eall Term, 1896, of Bebtie Superior Court. The action was instituted by the plaintiff, as the alleged grantee of Thomas Gilliam, to ha\e the defendants declared trustees of and to convey certain lands to the plaintiff for life, with remainder in fee to her children, according to the limitations in a deed alleged to have been made and delivered by said Gilliam, and subsequently destroyed. The facts appear in the opinion of the Court. From a judgment for the plaintiff the defendants appealed.
1Opinion of the Court
Faieoloth, C. o :
The natural father of the plaintiff executed a deed signed and sealed conveying property to the plaintiff, and “delivered said deed to the deputy clerk of the Superior Court of Bertie County, with instructions to have the same proved by the subscribing witness before the clerk of said court, who at the time was absent from his office, and to have the same duly registered,” and sometime thereafter, before any probate was had, without plaintiff’s knowledge or consent, the grantor rook the deed from the deputy clerk and carried it away from the office, stating that he had…
2Cases cited10 opinions
- Adams v. AdamsSupreme Court of the United States · 1874
- Hawkes v. PikeMassachusetts Supreme Judicial Court · 1870
- Helms v. . AustinSupreme Court of North Carolina · 1895
- Phillips v. . HoustonSupreme Court of North Carolina · 1858
- Kirk Ex Rel. Kirk v. TurnerSupreme Court of North Carolina · 1826
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3Cited by23 opinions
- Ballard v. BallardSupreme Court of North Carolina · 1949
- Fortune v. . HuntSupreme Court of North Carolina · 1908
- Buchanan v. . ClarkSupreme Court of North Carolina · 1913
- Tarlton v. Griggs.Supreme Court of North Carolina · 1902
- Clark v. CreswellCourt of Appeals of Maryland · 1910
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