Legal Opinion

State Ex Rel. Kivett v. Young

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 18 opinions

It appears that the defendant Cheatham was Register of Deeds of the county of Vance, and, as such, renewed his official bonds on the 7th day of December, 1885, in the sum of $5,000, with his co-defendant Young as surety thereto, as required by law.

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It appears that the defendant Cheatham was Register of Deeds of the county of Vance, and, as such, renewed his official bonds on the 7th day of December, 1885, in the sum of $5,000, with his co-defendant Young as surety thereto, as required by law. The following is a copy of the condition of that bond: “ The condition of the above obligation is such that whereas Henry P. Cheatham, the above bounden, has been duly elected Register of Deeds for Vance County for the term of one year from the_day of December, 1885: Now, therefore, if the said Henry P. Cheatham shall safely keep the records and…

1Opinion of the CourtMerrimoN, C. J.

after stating the facts: The statute {The Code, § 3648) prescribes that the Register of Deeds in each county shall give bond “ conditioned for the safe-keeping of the books and records, and the faithful discharge of the duties of his office.” This condition of the bond required is the same in substance and effect — almost the same in words — that has been prescribed for more than a century. (Rev. Stat., ch. 98, §4; Rev. Code, ch. 96, §3; Bat. Rev., ch. 100, § 2.) The learned counsel for the appellant contends in his cogent brief that the condition of the bond of the defendants sued upon, is…

2Cases cited2 opinions

  1. Eaton v. . Kelly .Supreme Court of North Carolina · 1875
  2. Moretz v. . RaySupreme Court of North Carolina · 1876

3Cited by18 opinions

  1. State Ex Rel. Williams v. AdamsSupreme Court of North Carolina · 1975
  2. Smith v. PhillipsCourt of Appeals of North Carolina · 1994
  3. State Ex Rel. Dunn v. SwansonSupreme Court of North Carolina · 1940
  4. State ex rel. Daniel v. GrizzardSupreme Court of North Carolina · 1895
  5. Joyner v. . RobertsSupreme Court of North Carolina · 1893

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