Legal Opinion

Fenner v. . Jasper

Supreme Court of North Carolina

Decided December 5, 1834PublishedCited by 2 opinions

This was an action on the case, in nature of an action of waste, commenced in the county of Franklin, but removed to the county of Warren, where, on the last Circuit, it was submitted to his honour, Judge Donnell, on the following case agreed. In the year 1827, the defendant intermarried with Sarah M. Fenner, widow of Richard J. Fenner, and the plaintiffs are the children of the said Sarah by the said Richard.

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This was an action on the case, in nature of an action of waste, commenced in the county of Franklin, but removed to the county of Warren, where, on the last Circuit, it was submitted to his honour, Judge Donnell, on the following case agreed. In the year 1827, the defendant intermarried with Sarah M. Fenner, widow of Richard J. Fenner, and the plaintiffs are the children of the said Sarah by the said Richard. The said Sarah had issue by the defendant born alive, and in the year 1829, departed this life, leaving the plaintiffs, her only children and heirs at law, and the defendant, her…

1Opinion of the Court

Ruffin, Chief Justice.

— The act of 1751 (Rev. ch. 50,) gives two modes of taking the acknowledgment of a married woman, of a deed executed by her husband and herself; the one in open Court of the county where the lands lie, or before a Judge; and the other by two or more commissioners authorised by a commission issued by the clerk of the County Court. The act does not treat these methods as equally proper and beneficial to the wife, and give to the parties an election of the one or the other in every case; but it substitutes that by commission for an acknowledgment in Court, only when it…

2Cited by2 opinions

  1. Cook v. . PittmanSupreme Court of North Carolina · 1907
  2. Paul v. . CarpenterSupreme Court of North Carolina · 1874

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