Doe on Demise of Wright v. . Player
Supreme Court of North Carolina
Civil Actioh, Ejectment, commenced before the adoption of the C. C. P., tried before CJloud, J., at the December (Special) Term, 1873, of New Hahovee Superior Court. On the trial below, it was admitted that the land in dispute was the property of the lessee of the plaintiff, being land owned by her at the time of her marriage with James "Wright, and that he, her said husband, died before the commencement of this action.
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Civil Actioh, Ejectment, commenced before the adoption of the C. C. P., tried before CJloud, J., at the December (Special) Term, 1873, of New Hahovee Superior Court. On the trial below, it was admitted that the land in dispute was the property of the lessee of the plaintiff, being land owned by her at the time of her marriage with James "Wright, and that he, her said husband, died before the commencement of this action. On the-day of January, 1853, James Wright and Catherine, his wife, the lessor of the plaintiff, made a deed of conveyance of the land in dispute to McMillan and Davis, which…
1Opinion of the CourtBynum, J.
Upon the trial, in the leading case of Woodbourne v. Gorrell, 66 N. C. Rep., 82, the.plaintiff offered to prove, that at the time of her privy examination she was non compos mentis, and the deed was on that account void. In the case now before us, the plaintiff offered to prove on the trial, that she was an infant at the time she acknowledged the deed, and was privily examined. In the former case this Court held : 1. That the acknowledgment and privy examination, taken before a Judge, by our Statute, has the effect of a fine and recovery; 2. that a fine or recovery is a matter of record in…
2Cases cited1 opinion
- Mary N. Woodbourne v. . Ralph Gorrel and OthersSupreme Court of North Carolina · 1872
3Cited by5 opinions
- Jones v. . CohenSupreme Court of North Carolina · 1880
- PIEDMONT NATURAL GAS COMPANY v. DaySupreme Court of North Carolina · 1959
- Lee v. RhodesSupreme Court of North Carolina · 1949
- State v. JacksonCourt of Appeals of North Carolina · 2003
- Kidd v. . VenableSupreme Court of North Carolina · 1892