Wynne v. . Small
Supreme Court of North Carolina
Civil action, to recover land, heard by MacRae, J., upon a case agreed, at February Term, 1889, of Chowan Superior Court. The land, the title to which is contested in the action, belonged to the plaintiff Richard Wynne, and he and his wife, the plaintiff' Alice, on February 27, 1883, united in making a deed therefor to C. W. Cason, by whom it was also executed, to secure a debt due him.
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Civil action, to recover land, heard by MacRae, J., upon a case agreed, at February Term, 1889, of Chowan Superior Court. The land, the title to which is contested in the action, belonged to the plaintiff Richard Wynne, and he and his wife, the plaintiff' Alice, on February 27, 1883, united in making a deed therefor to C. W. Cason, by whom it was also executed, to secure a debt due him. It was registered in Chowan County, upon a certificate of probate before the Clerk of the Superior Court, on the next day, in the following form: “NORTH CAROLINA, “ ctiowan county. In Probate Court, February…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The imputed imperfection in the form of the probate, as we understand, lies in the want of proof of execution by the feme bargainor before the private examination was taken, an alleged essential prerequisite thereto, and necessary to the operation of the deed as to her. But for the intervention of the homestead claim, this omission would only leave unimpaired, in her, the contingent right of dower, but would not affect the right to possession under the deed rightfully executed and proved as the deed of her husband.
The law regulating conveyances of the lands of…
2Cases cited6 opinions
- Jones v. . CohenSupreme Court of North Carolina · 1880
- State v. . BordeauxSupreme Court of North Carolina · 1885
- Strickland v. . StricklandSupreme Court of North Carolina · 1886
- Perry v. . AdamsSupreme Court of North Carolina · 1880
- Epps v. . FlowersSupreme Court of North Carolina · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bailey v. . HassellSupreme Court of North Carolina · 1922
- Mills v. McDanielSupreme Court of North Carolina · 1912
- Mills v. . McDanielSupreme Court of North Carolina · 1912
- Banks v. . ShawSupreme Court of North Carolina · 1947
- Frisbee v. . ColeSupreme Court of North Carolina · 1920
1 more not listed; retrieve them via the Exa API.