Hare v. . Jernigan
Supreme Court of North Carolina
Deed — Not Valid Without Registration. Civil Actiok, tried at Spring Term, 1876, of Hertford 'Superior Court before Moore, J. In February, 1866, the plaintiff’s intestate, John H. Jerni-gan, bought of one Jacob Sharpe a water mill for the sum ■of $6,850 and obtained a deed in fee simple. He took possession oí the same and expended in repairs, &c., about $1200 of his own funds.
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Deed — Not Valid Without Registration. Civil Actiok, tried at Spring Term, 1876, of Hertford 'Superior Court before Moore, J. In February, 1866, the plaintiff’s intestate, John H. Jerni-gan, bought of one Jacob Sharpe a water mill for the sum ■of $6,850 and obtained a deed in fee simple. He took possession oí the same and expended in repairs, &c., about $1200 of his own funds. In June, 1866, Sharpe, at the request of said intestate, executed in his presence a deed for the same mill to the defendant Sallie D. Jernigan, the wife of intestate J.H. Jernigan, who delivered the deed to his wife in…
1Opinion of the CourtBynum, J.
Suppose the deed from Sharpe to John H„ Jernigan had been duly registered so as to pass the title to' him, in February, 1866, and that in the following June, Jernigan had conveyed to the use of his wife by deed duly registered. The title of the wife would have been good against all the world, for upon a proper issue submitted, the jury have found that at the time of the execution of the-the second deed, the husband owned property subject to execution twice the amount of his debts, and upon that finding the Court adjudged, as matter of law, that Jernigan. “retained property fully sufficient to…
2Cases cited5 opinions
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- Doe Ex Dem. Linker v. LongSupreme Court of North Carolina · 1870
- Triplett v. . WitherspoonSupreme Court of North Carolina · 1876
- McMillan v. . EdwardsSupreme Court of North Carolina · 1876
- Wilson v. . SparksSupreme Court of North Carolina · 1875
3Cited by12 opinions
- Fortune v. . WatkinsSupreme Court of North Carolina · 1886
- Davis v. . InscoeSupreme Court of North Carolina · 1881
- McNeill v. . HodgesSupreme Court of North Carolina · 1890
- Taylor v. . TaylorSupreme Court of North Carolina · 1893
- Perry v. HackneySupreme Court of North Carolina · 1906
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