Doe Ex Dem. Linker v. Long
Supreme Court of North Carolina
■ Ejectment, tried before Logan, J., at Fall Term 1869 of Cabarrus Court. Tbe lessor of tbe plaintiff claimed under a deed to himself, executed November 6th 1852, by one W. E. Taylor.
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■ Ejectment, tried before Logan, J., at Fall Term 1869 of Cabarrus Court. Tbe lessor of tbe plaintiff claimed under a deed to himself, executed November 6th 1852, by one W. E. Taylor. It was shown that this deed was re-delivered by Linker to Taylor, May 11 1853, with an endorsement, signed by Linker, “ I transfer the within deed to ~W. E. Taylor again,” and that Taylor, now dead, and those who claimed under him, had remained in possession to the time when this action was brought, April 4th 1860. It also appeared that the defendant had been compelled, by order of the Court, November 27th 1869,…
1Opinion of the Court
Pearson, O. J.
‘‘His Honor refused to let the deed be read to the jury as evidence of title in the lessor of the plaintiff.” There is error.
This ruling is based upon the idea, that, as it appears from the endorsement upon the deed that it had been redelivered 'by the bargainee to the bargainor, the legal effect of this writing on the back was to nullify the deed, and make it as if it had never been executed. By force of the deed, and the operation of the statute 27 Hen. VIII, an estate of freehold of inheritance was vested in Linker on the 6th day of November 1852. The question is, has that…
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