Ferguson v. . Kinsland
Supreme Court of North Carolina
Deeds — Execution of, by Femes Covert. Civil Action, tried before Gilmer, Judge, and a jury, at Spring Term, 1885, of the Superior Court of Haywood county. In deducing title to the land in controversy in the action, the plaintiffs exhibited in evidence a deed for the premises executed on September 8th, 1875, to their immediate ancestor, E. R. Ferguson, by Laura L. Chambers and J. A. Dotson and wife, L. C. Dotson.
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Deeds — Execution of, by Femes Covert. Civil Action, tried before Gilmer, Judge, and a jury, at Spring Term, 1885, of the Superior Court of Haywood county. In deducing title to the land in controversy in the action, the plaintiffs exhibited in evidence a deed for the premises executed on September 8th, 1875, to their immediate ancestor, E. R. Ferguson, by Laura L. Chambers and J. A. Dotson and wife, L. C. Dotson. The said Laura L. was then a married woman, whose husband, Joseph Chambers, did not join in the deed, nor is his name mentioned in the body of it, but he gave his assent to the act…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). The Code of Civil Procedure provides that every conveyance, power of attorney ,or other instrument affecting the estate, right or title of any married woman in lands, tenements or hereditaments, must be jointly executed by such married woman ivith her husband, and due proof or acknowledgment thereof must be made as to the husband, &c. §429, par. 6.
The same words are contained in the amendatory act of 1869, ch. 279, §429, followed by a clause extending the jurisdiction, before only exercised by the Probate Judge of the county wherein the real estate is…
2Cited by22 opinions
- Warren v. . DailSupreme Court of North Carolina · 1915
- Bryan v. . EasonSupreme Court of North Carolina · 1908
- Barrett v. . BarrettSupreme Court of North Carolina · 1897
- Thomas v. . SandlinSupreme Court of North Carolina · 1917
- Lineberger v. . TidwellSupreme Court of North Carolina · 1889
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