Etheridge v. Ashbee
| Decision Date | 30 June 1849 |
| Citation | 31 N.C. 353,9 Ired. 353 |
| Court | North Carolina Supreme Court |
| Parties | DEN ON DEMISE OF THOMAS ETHERIDGE et al. v. SOLOMON ASHBEE. |
This deed from John Cook and Lydia to Samuel Ferebee, was exhibited and proved in open Court, by John L. Scurr, subscribing witness. At the same time Lydia Cook, the feme covert, personally appeared in open Court, and being privately examined by W. D. Barnard, one of the Court appointed for that purpose, who reported, that the said Lydia Cook acknowledged the execution of said deed of her own accord and without any constraint whatever, &c. On motion ordered to be registered.
+-----------------------------+
¦(Signed,)¦S. HALL, C. C. C.” ¦
+-----------------------------+
And there was also the following entry on the minute docket of the same term:
Held, that these entries afforded no evidence that the wife had been privily examined, as required by law.
Appeal from the Superior Court of Law of Currituck County, at the Spring Term 1849, his Honor Judge MANLY presiding.
Both parties claim under Lydia Cook, the wife of John Cook. It is admitted, that if a deed from Cook and wife to William C. Etheridge is valid to pass the title of Lydia Cook, then the plaintiff is not entitled to recover. If the deed be not valid, then the plaintiff is entitled to recover.
The deed is in the usual form, signed and sealed by both Cook and Lydia Cook, attested by John L. Scurr. Upon the back of the deed, are the following endorsements:
+---------------------------------------+
¦“STATE OF NORTH CAROLINA, ¦)¦
+-------------------------------------+-¦
¦Currituck County, February Term 1832.¦)¦
+---------------------------------------+
Personally appeared Lydia Cook, wife of John Cook, and in open Court acknowledged, that she assigned the within deed of her own free will, without any constraint whatever. Let it be registered.
This deed from John Cook and Lydia Cook to Samuel Ferebee, was exhibited and proved in open Court, by the oath of John L. Scurr, subscribing witness. At the same time, Lydia Cook, the feme covert, personally appeared in open Court, and being privately examined by W. D. Barnard, one of the Court, appointed for that purpose, who reported, that the said Lydia acknowledged the execution of the said deed of her own accord, and without any constraint whatever, &c. On motion ordered to be registered.
S. HALL, C. C. C.
Registered, May 15th, 1832.
THOS. S. LAND, P. R.”
On the docket of the Court of Pleas and Quarter Sessions for Currituck February Term 1832, was the following entry: ...
To continue reading
Request your trial