State ex rel. Daniel v. Grizzard
Supreme Court of North Carolina
Civil action brought by the State on the relation of W. E. Daniel, Trustee, and others, against J. M. Grizzard, former Register of Deeds of Halifax, and the sureties on his official bond, and tried on a case agreed before Melver, J., at June Term, 1895, of Halifax Superior Court. His Honor held that the action was barred by the statute of limitations and the plaintiff appealed. The facts are fully stated in the opinion of Associate Justice Eurohes.
1Opinion of the Court
Furches, J.:
The defendant was appointed Register of Deeds for Halifax county, and on the 13th day of December, 1882, entered into the usual bond required by law, with the other defendants as his sureties thereto — which office he continued to hold and exercise until the 6th day of November, 1883.
On the 15th day of January, 1883, J. R. Whitalcer and wife executed a mortgage to Spier Whitaker for $1,500, which was that day registered by defendant Grizzard; but he failed to index the same as required by law and the debt secured by this mortgage was kept alive and in date by successive payments…
2Cases cited10 opinions
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Lattin v. GilletteCalifornia Supreme Court · 1892
- Davis v. . WhitakerSupreme Court of North Carolina · 1894
- Eaton v. . Kelly .Supreme Court of North Carolina · 1875
- Holt v. . McLeanSupreme Court of North Carolina · 1876
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3Cited by19 opinions
- Jewell v. PriceSupreme Court of North Carolina · 1965
- Thurston Motor Lines, Inc. v. General Motors Corp.Supreme Court of North Carolina · 1962
- State Ex Rel. Williams v. AdamsSupreme Court of North Carolina · 1975
- Hughes v. Board of Com'rs of Oklahoma CountySupreme Court of Oklahoma · 1915
- Smith v. Patton.Supreme Court of North Carolina · 1902
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