Perry v. Hackney
Supreme Court of North Carolina
ActioN by J. W. Perry and wife against Spencer Hackney, beard by Judge Fred. Moore and a jury, at tbe May Term, 1906, of the Superior Court of Chatham. The feme plaintiff sued to recover a tract of land, and her husband was joined with her pro forma, there being no allegation in the complaint of his title or right of possession.
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ActioN by J. W. Perry and wife against Spencer Hackney, beard by Judge Fred. Moore and a jury, at tbe May Term, 1906, of the Superior Court of Chatham. The feme plaintiff sued to recover a tract of land, and her husband was joined with her pro forma, there being no allegation in the complaint of his title or right of possession. The sole allegation was that the wife owned the land and was entitled to the possession thereof, and the prayer was that she be declared to be the owner and that she 'recover the possession. It is presumed, of course, that the case was tried upon the only issue raised…
1Opinion of the Court
WalkeR, J.,
after stating the case: Tbe first question raised is tbe sufficiency of tbe deed of Hannah Jane Richardson to pass title to tbe feme plaintiff. Tbe deed was originally made to John W. Perry, bis name was erased and that ,of bis wife inserted in its place, and, as thus altered, it was registered. Tbe deed, therefore, which was made to John W. Perry, has never been registered, and tbe deed which was registered was not tbe one made by Hannah Jane Richardson. A deed presupposes a contract, and, indeed, is itself an executed contract, passing tbe equitable title after delivery and…
2Cases cited23 opinions
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Condry v. . CheshireSupreme Court of North Carolina · 1883
- May v. Lewis.Supreme Court of North Carolina · 1903
- Leathers v. . GraySupreme Court of North Carolina · 1888
- Murray, Ferris & Co. v. BlackledgeSupreme Court of North Carolina · 1874
18 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Ladies Benevolent Society v. OrrellSupreme Court of North Carolina · 1928
- Thomas v. ConyersSupreme Court of North Carolina · 1930
- Lummus v. . DavidsonSupreme Court of North Carolina · 1912
- Wicker v. . JonesSupreme Court of North Carolina · 1912
- Wicker v. JonesSupreme Court of North Carolina · 1912
14 more not listed; retrieve them via the Exa API.