Anderson v. . Anderson
Supreme Court of North Carolina
Appeal by defendants from Long, J., at August Term, 1918, of Davie. This was an action for the recovery of a tract of land containing 30% acres and to set aside a deed from plaintiff to ber husband, Tbomas M. Anderson, deceased, under whom the defendants claim, upon the ground that said deed was void because not executed with the certificate of the officer as required by Rev., 2107. The defendants allege that the privy examination of the plaintiff in the deed to said Thomas…
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Appeal by defendants from Long, J., at August Term, 1918, of Davie. This was an action for the recovery of a tract of land containing 30% acres and to set aside a deed from plaintiff to ber husband, Tbomas M. Anderson, deceased, under whom the defendants claim, upon the ground that said deed was void because not executed with the certificate of the officer as required by Rev., 2107. The defendants allege that the privy examination of the plaintiff in the deed to said Thomas M. Anderson was duly taken, but that by mistake and oversight he omitted to insert in his certificate that the deed was…
1Opinion of the CourtClark, C. J.
The defendants alleged in their answer that the plaintiff not only executed the deed to her husband freely and voluntarily, her privy examination being taken, but that the officer found that the same was not unreasonable or injurious to her, though by oversight and mistake he omitted to insert that finding in his certificate of probate. This was denied by the plaintiff. We cannot sustain the exception that the wife and the probate officer were permitted to testify as to what happened at the examination. This would have been competent in rebuttal if there' had been evidence by defendants in…
2Cases cited4 opinions
- Harding v. . LongSupreme Court of North Carolina · 1889
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Pritchard v. . WilliamsSupreme Court of North Carolina · 1918
- Nelson v. . NelsonSupreme Court of North Carolina · 1918
3Cited by11 opinions
- Spradling v. SpradlingWest Virginia Supreme Court · 1937
- Wright v. WrightSupreme Court of North Carolina · 1982
- Carlisle v. . CarlisleSupreme Court of North Carolina · 1945
- Whitten v. PeaceSupreme Court of North Carolina · 1924
- Spivey v. GodfreySupreme Court of North Carolina · 1963
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