Home/Supreme Court of North Carolina/Penland v. . Barnard

Penland v. . Barnard

59 S.E. 1109, 146 N.C. 378, 1907 N.C. LEXIS 60
Supreme Court of North Carolina·Decided December 14, 1907·Published·Cited by 5 cases

Opinion

Walicbr, J.

T'bis is an action in the nature of trespass quare clausum for cutting timber. - -The solution of the controversy depends upon the true location of the tract of land containing 100 acres which was excepted from the deed of Wilkerson to Eaves, dated 3 August, 1869, for the land which had theretofore been conveyed to S. P. Wilson, and the location of that tract of 100 acres depends, in its turn, upon whether its southern boundary line is at A B, as indicated on the map and as contended by the defendants, or at O D, as contended by the plaintiff. There was evidence upon which the jury were well warranted in deciding, as they did, that the line was at C D, the timber having been cut below that line, if the verdict was correct in fact and in law.

The defendants objected to the introduction of the deed from Wilkerson to Eaves, upon the ground of a defective probate. The acknowledgment of Wilkerson and his wife, and' her privy examination, were taken before Samuel Hunt, Clerk of the County Court of Cleveland, Tennessee, and the seal of that court, which appears to be the seal of his office, is affixed thereto. This probate would be insufficient to authorize the registration of the deed, and the objection would have been good but for the several acts of the Legislature relating to such probates and validating the same. Acts of 1883, ch. 129 ; Acts of 1885, ch. 11; The Code, sec. 1262; Kevisal, sec. 1022. The original act of 1883 allowed probates to be taken by a notary or a Clerk of a Superior Court in another State and certified under the official seal of such notary or Superior Court. By the act of 1885 the Avords “Superior Court” are stricken out and the Avords “court of record” substituted, so that it will read, as amended, “a clerk of a court of record.” The act, as originally enacted and amended and as inserted

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Penland v. . Barnard, 59 S.E. 1109, 146 N.C. 378, 1907 N.C. LEXIS 60 (N.C. 1907).

59 S.E. 1109 (Penland v. . Barnard) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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