Weston v. J. L. Roper Lumber Co.
Supreme Court of North Carolina
Appeal by plaintiffs from Bragatw, J., at January Term, 1912, of PASQUOTANK. TMs is an action to recover a tract of land in Pasquotank County. The only question now presented is whether a deed from Enoch and Fred B. Sawyer to Cary Weston and Joseph Seguine, dated 3 February, 1820, and offered in evidence by the plaintiff, was properly excluded by the court.
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Appeal by plaintiffs from Bragatw, J., at January Term, 1912, of PASQUOTANK. TMs is an action to recover a tract of land in Pasquotank County. The only question now presented is whether a deed from Enoch and Fred B. Sawyer to Cary Weston and Joseph Seguine, dated 3 February, 1820, and offered in evidence by the plaintiff, was properly excluded by the court. The deed was proven in the court of pleas and quarter sessions of Camden County, and recorded on 3 April, 1821, in the office of the register of deeds of that county. A duly certified copy of the registry of this deed was, on 29 January,…
1Opinion of the Court
Walkeb., J.,
after stating the case: The general rule undoubtedly is that a deed must be registered in the county where the land it conveys is situated, registration taking the place of livery of seizin, attornment, or other ceremony which the law formerly required to pass title. Rev. Stat., ch. 37, sec. 1; Rev. *265Code, cb. 37, seo. 1; Eevisal (1905), sec. 980. But as probates were sometimes taken by officers wbo bad mistaken tbeir powers, or wbo, baving tbe power, bad exercised it in tbe wrong way, and because deeds, owing to tbe uncertainty as to tbe boundary lines of counties, and perhaps for…
2Cases cited5 opinions
- McFaddin v. Evans-Snider-Buel Co.Supreme Court of the United States · 1902
- Warren v. . WillifordSupreme Court of North Carolina · 1908
- Barrett v. . BarrettSupreme Court of North Carolina · 1897
- Vanderbilt v. Johnson.Supreme Court of North Carolina · 1906
- Gordon v. . CollettSupreme Court of North Carolina · 1890
3Cited by8 opinions
- Johnson v. FrySupreme Court of North Carolina · 1928
- Champion Fibre Co. v. CozadSupreme Court of North Carolina · 1922
- Sluder v. Wolf Mountain Lumber Co.Supreme Court of North Carolina · 1921
- Vaught v. WilliamsSupreme Court of North Carolina · 1919
- Boykin v. MorrisonCourt of Appeals of North Carolina · 2001
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