Legal Opinion

Cutts v. McGhee

Supreme Court of North Carolina

Decided June 5, 1942PublishedCited by 2 opinions

1Opinion of the CourtDeNNY, J.

The deed of gift executed 28 July, 1900, was not registered within two years from its execution, as required by Consolidated Statutes of North Carolina, sec. 3315, and was void at the time of its registration, 12 January, 1904. Curative acts of the Legislature do not revive void instruments. Booth v. Hairston, 193 N. C., 278, 136 S. E., 879; S. c., 195 N. C., 8, 141 S. E., 480; Reeves v. Miller, 209 N. C., 362, 183 S. E., 294; Allen v. Allen, 209 N. C., 744, 184 S. E., 485.

Acknowledgment of the execution of an instrument is not a re-execution of it.

His Honor’s ruling in the court below was…

2Cases cited4 opinions

  1. Booth v. . HairstonSupreme Court of North Carolina · 1927
  2. Booth v. . HairstonSupreme Court of North Carolina · 1928
  3. Allen v. . AllenSupreme Court of North Carolina · 1936
  4. Reeves v. . MillerSupreme Court of North Carolina · 1936

3Cited by2 opinions

  1. Winstead v. . WoolardSupreme Court of North Carolina · 1944
  2. Justice v. MitchellSupreme Court of North Carolina · 1953

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