Barber v. . Brunson

161 S.E. 549, 201 N.C. 779, 1931 N.C. LEXIS 92

• Court: Supreme Court of North Carolina
• Decided: December 9, 1931
• Status: Published

Opinion

Pee CueiaM.

This is an action to recover possession of a tract of land. The parties claim title under the Henderson Eeal Estate Company as a common source. One of the links in the chain of title is a deed of trust purporting to have been executed by A. C. Justus, S. L. Jones and J. T. Green, the alleged probate of which is as follows:

“State of North Carolina — County of.

I, G. P. Grove, a notary public of.county do hereby certify that . and .,., his wife, personally appeared before me this day and acknowledged the due execution of the.deed in trust; and the said.being by me privately examined, separate and apart from her said husband, touching her voluntary execution of the same, doth state that she signed the same freely and voluntarily, without fear or compulsion of her said husband, or any other person, and that she doth still voluntarily assent thereto.

Therefore, let said deed in trust, with this certificate, be registered.

Witness my hand and notarial seal this 5 December, A.D. 1925.

G. P. Grove, Notary Public.

(Seal.) .County.

My commission expires 7 July, 1926.”

“North Carolina — Henderson County.

The within certificate of G. P. Grove, notary public of Henderson County, is adjudged to be correct in due form and according to law. Let the deed in trust, with these certificates, be registered.

This 14 December, A.D. 1925.

J. S. Jones, Asst. 0. S. C., Henderson County.”

Tbe Superior Court adjudged that tbe probate was defective and that as tbe deed was registered on a defective probate tbe registration is defective and tbe deed of trust null and void as notice to purchasers and creditors and, therefore, ineffective to defeat tbe plaintiff's claim of title. Tbe judgment is

Affirmed.