Southerland v. . Hunter
Supreme Court of North Carolina
Deeds — Privy Examination of Femes Covert — Registration. Civil Action for the recovery of land, tried before Gudger, Judge, and a jury, at Eall Term, 1885, of Madison Superior Court.
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Deeds — Privy Examination of Femes Covert — Registration. Civil Action for the recovery of land, tried before Gudger, Judge, and a jury, at Eall Term, 1885, of Madison Superior Court. It was conceded at the trial that the plaintiff Sarah A. E. Southerland acquired the estate in the laud described in the complaint, under a deed made on February 6th, 1864, by Philip Hunter to her, then a feme sole, and that subsequently to April 23rd, 1868, she became the wife of the plaintiff G. W. Souther-land. The defence to the action rests upon an alleged conveyance of the plaintiffs to the defendant Hiram…
1Opinion of the Court
Sjiith, C. J.,
(after stating the facts). We have at the present term, decided in the case of Ferguson v. K'msland, not only that the deed which conveys the estate of a married woman, must be executed by both, but it must be proved to have been executed by the husband, or must have been acknowledged by him according to the act of 1869, which governs this attempted probate, or proved or acknowledged as to both parties, under the act now in force, The Code, §1256, before the private examination of the wife is had. This has long been the settled law, and still remains, that the proof or…
2Cases cited7 opinions
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- Phifer v. . BarnhartSupreme Court of North Carolina · 1883
- Hauser v. . TateSupreme Court of North Carolina · 1881
- Elizabeth Ivey v. . Sarah A. GranberrySupreme Court of North Carolina · 1872
- Triplett v. . WitherspoonSupreme Court of North Carolina · 1876
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3Cited by15 opinions
- Warren v. . DailSupreme Court of North Carolina · 1915
- Bryan v. . EasonSupreme Court of North Carolina · 1908
- Thomas v. . SandlinSupreme Court of North Carolina · 1917
- Lineberger v. . TidwellSupreme Court of North Carolina · 1889
- Jackson v. BeardSupreme Court of North Carolina · 1913
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