Austin v. . King
Supreme Court of North Carolina
Ejectment tried at August Special Term, 1884, of Union Superior Court, before MacRae, J. John Morgan Rea, on the 25th day of March, 1857, by proper deed, conveyed the land in dispute to his son, John L. Rea, who was the father of the feme plaintiff. 'John L. Rea died in December, 1862, leaving surviving him the feme plaintiff, his only heir at law. At that time she was an infant of tender years.
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Ejectment tried at August Special Term, 1884, of Union Superior Court, before MacRae, J. John Morgan Rea, on the 25th day of March, 1857, by proper deed, conveyed the land in dispute to his son, John L. Rea, who was the father of the feme plaintiff. 'John L. Rea died in December, 1862, leaving surviving him the feme plaintiff, his only heir at law. At that time she was an infant of tender years. The soii, John L., on the 18th day of October, 1858, on account of some entanglements, executed and delivered to his father a deed, reconveying the land to him, but this deed was never registered. It…
1Opinion of the CourtMermmon, J.
In this state an unregistered deed for land passes an inchoate legal, as well as the equitable title, to become complete and absolutely operative for all proper purposes according to its true intent, as soon ^as it shall be registered. Registration is in lieu of livery of seizin, at-tornment or other ceremonies necessary to make certain classes of conveyances operative at the common law. It makes the deed “ good and available in law,” as well as equity, from, the time it was delivered. The unregistered deed is in fieri until it shall be registered, when at once its legal availability…
2Cases cited4 opinions
- Davis v. . InscoeSupreme Court of North Carolina · 1881
- Hare v. . JerniganSupreme Court of North Carolina · 1877
- Cheek v. . WatsonSupreme Court of North Carolina · 1884
- Beaman v. . SimmonsSupreme Court of North Carolina · 1877
3Cited by15 opinions
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Fortune v. . WatkinsSupreme Court of North Carolina · 1886
- Austin v. . KingSupreme Court of North Carolina · 1887
- Lister v. . ListerSupreme Court of North Carolina · 1943
- Williams v. North Carolina State Board of EducationSupreme Court of North Carolina · 1974
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