Legal Opinion

Devereux v. . McMahon

Supreme Court of North Carolina

Decided February 5, 1889PublishedCited by 8 opinions

Civil ACTION, tried before MacRae, J., at January Term, 1889, of Halifax Superior Court. The facts are stated in the opinion. This is an action to recover land, and the pleadings raised issues of fact. On the trial the plaintiff offered in evidence-what purported to be a deed of conveyance, to the admission of which the defendants objected. The Court, “ being of the-opinion that the probate was insufficient, sustained the objection,” and the plaintiff excepted.

Read the full summary

Civil ACTION, tried before MacRae, J., at January Term, 1889, of Halifax Superior Court. The facts are stated in the opinion. This is an action to recover land, and the pleadings raised issues of fact. On the trial the plaintiff offered in evidence-what purported to be a deed of conveyance, to the admission of which the defendants objected. The Court, “ being of the-opinion that the probate was insufficient, sustained the objection,” and the plaintiff excepted. He, thereupon, suffered a judgment of nonsuit, and appealed to this Court. The following is a copy of so much of the deed mentioned,…

1Opinion of the CourtMerhimon, J.

It seems that no question was raised on the trial, as to .the sufficiency of the deed itself, by the maker thereof, on the ground that he simply made his cross-mark and annexed to it his seal. No such question is raised by the assignment of error for our decision.

That one of the subscribing witnesses made his cross-mark in identifying himself as such with the deed is no sufficient objection. Though he could not write, he might be eligible for such purpose and make his mark. State v. Byrd, 93 N. C., 624; Tatum v. White, 95 N. C., 453; Pridgen v. Pridgen, 13 Ired., 259.

The awkward and informal…

2Cases cited5 opinions

  1. State v. . ByrdSupreme Court of North Carolina · 1885
  2. Tatom v. . WhiteSupreme Court of North Carolina · 1886
  3. Young v. . JacksonSupreme Court of North Carolina · 1885
  4. Holmes v. . MarshallSupreme Court of North Carolina · 1875
  5. Evans v. . EtheridgeSupreme Court of North Carolina · 1888

3Cited by8 opinions

  1. Quinnerly v. . QuinnerlySupreme Court of North Carolina · 1894
  2. Devereux v. . McMahonSupreme Court of North Carolina · 1891
  3. McClure v. . CrowSupreme Court of North Carolina · 1929
  4. Manufacturers' Finance Co. v. Amazon Cotton Mills Co.Supreme Court of North Carolina · 1921
  5. Williams v. . KerrSupreme Court of North Carolina · 1893

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API