Den Ex Dem. of Brinegar v. Chaffin
Supreme Court of North Carolina
Ejectment, tried at the last circuit, at Rowan, ber fore his Honor Judge Swain. The lessors of the plaintiff claimed as heirs at law of Mary Brinegar ; the defendant lindera deed of bargain and sale from the same Mary Brinegar, which purported to have been executed by her under the name of Mary Jacks, jointly with a second husband, Richard Jacks; and the only question was as to the validity of this deed.
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Ejectment, tried at the last circuit, at Rowan, ber fore his Honor Judge Swain. The lessors of the plaintiff claimed as heirs at law of Mary Brinegar ; the defendant lindera deed of bargain and sale from the same Mary Brinegar, which purported to have been executed by her under the name of Mary Jacks, jointly with a second husband, Richard Jacks; and the only question was as to the validity of this deed. No privy examination of the ferae had been taken ? hut the defendant offered to prove, that in fact no valid mar--riage subsisted at its execution, between Bichard Jacks aud Marij Brinegar,…
1Opinion of the Court
HeNDERson, Chief-Justice..
Recitals in- a deed arc estoppels when they are of the essence of the contract; that is, where unless the facts recited exist, the contract' it is presumed, would not have been made. As if A recites, that he is seized' in fee of certain lands, which he bargains and sells in fee. He is estopped to deny that, he is seised in fee, for without such seisin, it is fair to presume that the contract would not have been made. But if the recital be that he is seised in fee by purchase from C, here neither .the bargainor nor bargainee is •estopped from averring and proving,…
2Cited by11 opinions
- Thompson v. SolesSupreme Court of North Carolina · 1980
- Buford v. . MochySupreme Court of North Carolina · 1944
- Buford v. MochySupreme Court of North Carolina · 1944
- Freeman v. . RamseySupreme Court of North Carolina · 1925
- John L. Roper Lumber Co. v. HudsonSupreme Court of North Carolina · 1910
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