Smith v. Ayden Lumber Co.
Supreme Court of North Carolina
MotioN to dissolve restraining order, beard at chambers before Shaw, Jat Snow Hill, G-ejeeNe County, 4 December, 1906. Tbe motion was allowed, and plaintiff appealed.
1Opinion of the CourtClark, C. J.
Two questions are presented by this appeal: 1. Is the deed under which the defendant claims void because the acknowledgment of the grantor and privy examination of his wife were taken before ,a notary public who was an employee of the grantee ? It is true that a deed cannot be acknowledged before nor the privy examination of a feme covert be taken by an officer who bas any interest in such conveyance either as a party, trustee or cestui que trust, and the registration upon such certificate would be invalid and not even notice to creditors and subsequent purchasers. Long v. Crews, 113 N. C.,…
2Cases cited8 opinions
- Long v. . CrewsSupreme Court of North Carolina · 1893
- Davis v. . WhitakerSupreme Court of North Carolina · 1894
- Lance v. Tainter.Supreme Court of North Carolina · 1904
- Heath, Springs & Co. v. Big Falls Cotton MillsSupreme Court of North Carolina · 1894
- Strain v. Fitzgerald.Supreme Court of North Carolina · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State Ex Rel. Attorney-General v. KnightSupreme Court of North Carolina · 1915
- Carolina-Tennessee Power Co. v. Hiawassee River Power Co.Supreme Court of North Carolina · 1918
- Bailey v. DavisSupreme Court of North Carolina · 1949
- Ely v. . NormanSupreme Court of North Carolina · 1918
- Brown v. HutchinsonSupreme Court of North Carolina · 1911
9 more not listed; retrieve them via the Exa API.