Wilson v. . Sparks
Supreme Court of North Carolina
Civil aotioN for the recovery of,land, tried before Cloud, J., at Spring Term, 1874, YadKIN Superior Court. The complaint alleges that plaintiff and others obtained a judgment against the defendant upon a note executed in 1866. That the judgment was duly docketed in the Superior Court of Forsythe county on the 13th day of January, 1869, and that it was afterwards, on the 13th day of March, 1869, regularly docketed in the Superior Court of Yadkin county.
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Civil aotioN for the recovery of,land, tried before Cloud, J., at Spring Term, 1874, YadKIN Superior Court. The complaint alleges that plaintiff and others obtained a judgment against the defendant upon a note executed in 1866. That the judgment was duly docketed in the Superior Court of Forsythe county on the 13th day of January, 1869, and that it was afterwards, on the 13th day of March, 1869, regularly docketed in the Superior Court of Yadkin county. A fi.fa. was issued upon said judgment, and the land sold by the sheriff of Yadkin county. The plaintiff'became the purchaser at the price of…
1Opinion of the CourtReadk, J.
I. Our statute provides that “ no conveyance of land shall be good and available in law, unless the same shall be proved and registered, and all deeds so executed and registered shall be valid and pass estates in land without livery of seisin, attornment or other ceremony whatever.” Bat. Rev., chap. 35, sec. 1.
Erom this it will be seen' that a deed cannot be used to support a title until “ proved ” and “ registered.” It is true that when registered it relates back and “ passes the estate ” as of the time of its execution, just as letters of administration relate back to the death of the…
2Cases cited2 opinions
- Hill v. . KesslerSupreme Court of North Carolina · 1869
- McKeithan v. . TerrySupreme Court of North Carolina · 1870
3Cited by9 opinions
- Edwards v. KearzeySupreme Court of the United States · 1878
- Phifer v. . BarnhartSupreme Court of North Carolina · 1883
- Triplett v. . WitherspoonSupreme Court of North Carolina · 1876
- Hare v. . JerniganSupreme Court of North Carolina · 1877
- McMillan v. . EdwardsSupreme Court of North Carolina · 1876
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