Smith v. Beaver
Supreme Court of North Carolina
Appeal by defendant from McElroy, J., at November Term, 1921, of RowaN. Tbis was a civil action, commenced, by tbe plaintiff before tbe clerk of tbe Superior Court, and transferred to tbe civil issue docket of Rowan County Superior Court. 1. Tbe plaintiffs brought tbe action for tbe partition of tbe lands in question, wbicb they inherited from their mother, Mary Jane Beaver, as they alleged, tbe land having been before then conveyed by Simeon J. Beaver (who owned it) and…
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Appeal by defendant from McElroy, J., at November Term, 1921, of RowaN. Tbis was a civil action, commenced, by tbe plaintiff before tbe clerk of tbe Superior Court, and transferred to tbe civil issue docket of Rowan County Superior Court. 1. Tbe plaintiffs brought tbe action for tbe partition of tbe lands in question, wbicb they inherited from their mother, Mary Jane Beaver, as they alleged, tbe land having been before then conveyed by Simeon J. Beaver (who owned it) and wife, Mary J. Beaver, to said Mary J. Beaver, on 4 March, 1893, registered 15 March, 1893. Tbe defendant, Archie Beaver,…
1Opinion of the Court
Walker, J.,
after stating the case: Whatever may be the true rule in cases of this kind, concerning the power of the justice to alter his certificate, as to the probate of a deed and privy examination of a married woman, who was a party to it, he cannot do so long after the probate was taken and the certificate had been made and filed (on 2 November, 1917), and the deed duly registered on that date, when the justice admitted, in answer to questions from the judge, as was done in this case, that “he did not attempt to find the facts and adjudge the matters as required by section of the Revisal,…
2Cases cited9 opinions
- Kearney v. . VannSupreme Court of North Carolina · 1911
- Butler v. ButlerSupreme Court of North Carolina · 1915
- Griffith v. VentressSupreme Court of Alabama · 1890
- O'Conner v. WilsonIllinois Supreme Court · 1870
- Foster v. . WilliamsSupreme Court of North Carolina · 1921
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Caldwell v. . BlountSupreme Court of North Carolina · 1927
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