McGlennery v. . Miller
Supreme Court of North Carolina
EJECTMENT tried at Spring Term, 1883, of Asi-ie Superior Court, before Gudger, J. The plaintiff is a married woman. She intermarried with her present husband, Martin McGlennery, in the year 1850. There were children of the marriage born alive, and at the time of the marriage she was seized in fee of the lands described in the complaint.
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EJECTMENT tried at Spring Term, 1883, of Asi-ie Superior Court, before Gudger, J. The plaintiff is a married woman. She intermarried with her present husband, Martin McGlennery, in the year 1850. There were children of the marriage born alive, and at the time of the marriage she was seized in fee of the lands described in the complaint. On the 7th day of February, 1852, the plaintiff and her husband executed a deed purporting to convey the land in fee to John Hartzog and Eliza Hartzog. The execution of this deed was witnessed by C. R. Phillips. The husband never acknowledged the execution of…
1Opinion of the Court
MerriMON, J.,
after stating the facts. The principal question raised by the exceptions was as to the validity and sufficiency of the probate of the deed executed by the plaintiff and her husband on the 7th day of February, 1852.
In our judgment the privy examination of the wife is fatally defective, and therefore no title passed to the bargainees by the deed.
The execution of the deed in question purports to have been proved under and in pursuance of the Revised Statutes, ch. 37, §§10, 11. These sections provide in substance that a deed executed by husband and wife must be acknowledged before a…
2Cases cited2 opinions
- Wilson v. ArentzSupreme Court of North Carolina · 1874
- Malloy v. . BrudenSupreme Court of North Carolina · 1883
3Cited by16 opinions
- Bryan v. . EasonSupreme Court of North Carolina · 1908
- Barrett v. . BarrettSupreme Court of North Carolina · 1897
- Morris v. . MorrisSupreme Court of North Carolina · 1886
- Jackson v. BeardSupreme Court of North Carolina · 1913
- Taylor v. . TaylorSupreme Court of North Carolina · 1893
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