Maddox v. . Arp
Supreme Court of North Carolina
This was a civil actiox, tried before Graves, J., and a jury, at July Special Term, 1893, of Cherokee Superior Court, upon the pleadings, issues, exhibits and other evidence offered on the trial, as.follows: The plaintiffs offered and read in evidence note and mortgage deed for two town lots, Nos. 7 and 8, described in complaint, made to J. J. & J. E. Maddox by A. J. Arp and wife, dated 23d August, 1890, and registered on same day; also a deed from E. M. Kilpatrick and wife…
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This was a civil actiox, tried before Graves, J., and a jury, at July Special Term, 1893, of Cherokee Superior Court, upon the pleadings, issues, exhibits and other evidence offered on the trial, as.follows: The plaintiffs offered and read in evidence note and mortgage deed for two town lots, Nos. 7 and 8, described in complaint, made to J. J. & J. E. Maddox by A. J. Arp and wife, dated 23d August, 1890, and registered on same day; also a deed from E. M. Kilpatrick and wife to H. C. Culberson and M. R. Iiyatt on 26th January, 1891, for lot No. 7, which deed was registered 28th day of January,…
1Opinion of the Court
Shepherd, C. J.:
It is provided by cli. 147, Acts 1885, that “Xo conveyance of land nor contract to convey, or lease of land for more than three years, shall be valid to pass any property as against creditors or purchasers for a valuable consideration from the donor, bargainor or lessor but from the registration thereof within the count}'' where the land lieth.” The present case not being within the proviso of the act, actual notice of a prior unregistered contract to convey cannot, in the absence of fraud, affect the rights of a subsequent purchaser for value whose deed is duly registered…
2Cited by10 opinions
- Collins v. Davis.Supreme Court of North Carolina · 1903
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- Wood v. Tinsley.Supreme Court of North Carolina · 1905
- Stegall v. RobinsonCourt of Appeals of North Carolina · 1986
- Hooker v. . NicholsSupreme Court of North Carolina · 1895
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