Philips v. Erwin
This text of 19 F. Cas. 500 (Philips v. Erwin) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is a good grant, notwithstanding the secretary has omitted to countersign it. The grant is authentic, and passes the interest of tbe state, when the governor puts his signature and the seal of the state. The act, as to the countersignature by the secretary and recording the same, is directory, and, should the secretary neglect to do his duty, it should not operate to the prejudice of the grantee in making his grant void.1 Suppose a person takes a deed to a register of a county who returns it as registered. when in truth it was not. This neglect shall not injure the owner of the deed. In fact, it must be considered as registered from the time it is left with the register, the owner having performed all the law required of him.
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Cite This Page — Counsel Stack
19 F. Cas. 500, 1 Overt. 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philips-v-erwin-circtnc-1807.