Gulley v. . Smith
Cases that cite this one
4 later published cases cite this decision.
- Ballard v. Ballard (N.C. 1949)
- Johnson v. . Johnson (N.C. 1948)
- Cannon v. . Blair (N.C. 1948)
- Federal Land Bank of Columbia v. Griffin (N.C. 1934)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
There was no error in the rulings of the trial court on defendants’ objections to evidence offered by the plaintiff, or in the instructions of the court to the jury.
The evidence was properly admitted as tending to support the contention of plaintiff that the deed was not delivered by ber to the grantee named therein. The evidence was not incompetent under C. S., 1795.
Tbe instructions to which defendants excepted are in accordance with well settled principles of law. In tbe absence of a delivery, actual or constructive, a deed, although signed by tbe grantor named therein, is not valid as a conveyance of tbe land described therein. Tbe presumption of a delivery arising from tbe registration of tbe deed may be rebutted by evidence showing tbat tbe registration was inadvertent or fraudulent. Tbe judgment is affirmed. There is
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.