Benedict v. Jones.
Supreme Court of North Carolina
Plaintiff's Appeal. ActioN by Mary Benedict and others against H. C. J ones and wife and S. G. Atkin, heard by Judge Frederick Moore and a jury, át September Term, 1901, of the Superior Court of Buncombe County. Erom a judgment for the defendants, the plaintiffs appealed. *
1ConcurrenceClark, J.
I do not assem to some of the reasoning of the Court, which, it seems to me,, is contrary to the intent of the statute, and which is likely to shake the security of all titles in which a married woman is joined. It Avas, as is well knoAvn, to cure this effect of a decision of this Court that a privy examination did not have the effect of a tine and recovery (as had been understood by the profession), that Chapter 389, Laws 1889, Avas passed. It would be a singular result if “fraud, duress and undue influence” can not impair the validity of a privy examination if unknown to the grantee, but…
2Cases cited3 opinions
- Wachovia National Bank v. IrelandSupreme Court of North Carolina · 1898
- Butner v. . BlevinsSupreme Court of North Carolina · 1899
- Riggan v. . SledgeSupreme Court of North Carolina · 1895