Malloy v. . Bruden
Supreme Court of North Carolina
Ejectment tried at January Special Term, 1883, of RICHMOND Superior Court, before Graves, J. This action is brought to recover a parcel of land, and the only question involved in the appeal is as to the sufficiency of the probate and privy acknowledgment of a certain deed, executed on the 2d day of October, 1844, to one Charles Malloy by Alexander Malloy and his wife Mary Ann —she being then the owner of the land.
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Ejectment tried at January Special Term, 1883, of RICHMOND Superior Court, before Graves, J. This action is brought to recover a parcel of land, and the only question involved in the appeal is as to the sufficiency of the probate and privy acknowledgment of a certain deed, executed on the 2d day of October, 1844, to one Charles Malloy by Alexander Malloy and his wife Mary Ann —she being then the owner of the land. Upon the deed are the following endorsements: “I, John L. Fairley, did go to the house of Alexander Malloy on the 19th of April, 1845, and privately and apart from her husband,…
1Opinion of the CourtRuffin, J.
The court does not hesitate to concur in holding the deed to be ineffectual to pass the estate of Mrs. Malloy in the land, for want of a due acknowledgment and privy examination on her part.
As the commission which issued was directed to a single commissioner, and with authority to him, alone, to receive her acknowledgment and take her private examination, there can be no pretence (nor was there any made upon the argument) that the probate was valid under the third and fourth sections of the act of 1751 (Rev. Stat., ch. 37, §§ 10 and 11), in which provision is made for taking the probate of…
2Cited by5 opinions
- McGlennery v. . MillerSupreme Court of North Carolina · 1884
- Graves v. JohnsonSupreme Court of North Carolina · 1916
- Kidd v. . VenableSupreme Court of North Carolina · 1892
- Graves v. . JohnsonSupreme Court of North Carolina · 1916
- Williams v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892