{ "id": 11270696, "name": "HENRY HOLMES et al. v. W. G. CARR et als.", "name_abbreviation": "Holmes v. Carr", "decision_date": "1913-10-01", "docket_number": "", "first_page": "122", "last_page": "124", "citations": [ { "type": "official", "cite": "163 N.C. 122" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "114 N. C., 49", "category": "reporters:state", "reporter": "N.C.", "opinion_index": 0 }, { "cite": "124 N. C., 262", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8658868 ], "opinion_index": 0, "case_paths": [ "/nc/124/0262-01" ] }, { "cite": "82 N. C., 227", "category": "reporters:state", "reporter": "N.C.", "opinion_index": 0 }, { "cite": "128 N. C., 4", "category": "reporters:state", "reporter": "N.C.", "opinion_index": 0 }, { "cite": "113 N. C., 256", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8652751 ], "opinion_index": 0, "case_paths": [ "/nc/113/0256-01" ] }, { "cite": "105 N. C., 65", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8652256 ], "opinion_index": 0, "case_paths": [ "/nc/105/0065-01" ] } ], "analysis": { "cardinality": 272, "char_count": 3849, "ocr_confidence": 0.453, "pagerank": { "raw": 9.561985781697166e-08, "percentile": 0.5254310193374209 }, "sha256": "40ac7279bc0308193407f97543d13311fb7c986bd6eb224a1f17789f043b51ae", "simhash": "1:09a16ec13177822c", "word_count": 681 }, "last_updated": "2023-07-14T20:17:53.185686+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "HENRY HOLMES et al. v. W. G. CARR et als." ], "opinions": [ { "text": "Olabk, C. J.\nTbe plaintiffs except to tbe admission of a deed from them to T. \"W. Carr, tbe father of defendants, on tbe ground tbat tbe probate was improperly taken by W. Gr. Carr, tbe son of tbe said T. \"W. Carr, as justice of tbe peace. Said probate was taken by.bim in 1894, and at tbat time be bad no interest in tbe property to wbicb be succeeded, together with tbe other defendants, as heirs at law of their father, T. 'W. Carr, who died in 1903.\n\u00a5e have numerous decisions tbat an acknowledgment of a deed by tbe husband and wife and privy examination of.wife taken before a justice of tbe peace, commissioner, or a notary is a judicial or at least a gutcisi-judicial act, and that a probate is void if taken before one who has an interest in tbe conveyance. White v. Connelly, 105 N. C., 65; Long v. Crews, 113 N. C., 256; Land Co. v. Jennett, 128 N. C., 4. But this must be a pecuniary interest in tbe property conveyed. In Gregory v. Ellis, 82 N. C., 227, Dillard, J., says: \u201cNo judge, whether probate or other, could take jurisdiction of any cause wherein be was a party or otherwise bad a pecuniary interest\nBut in this case W. G-. Carr, tbe justice of tbe peace, though be has since acquired an interest in tbe property by inheritance, at tbe time of tbe conveyance bad \u00f1o interest, either vested or contingent, in tbe property conveyed. His father might have sold it, or have devised it. Tbe mere fact of bis relationship to one of tbe parties to tbe conveyance does not affect tbe validity of tbe probate of tbe deed by him. In McAllister v. Purcell, 124 N. C., 262, this question was directly presented, and tbe Court said: \u201cThere is no principle of law, nor precedent, wbicb invalidates tbe acknowledgment and privy examination taken before an officer who has neither any interest in tbe instrument, nor is a party thereto, simply because be is related to tbe parties.\u201d\nTbe land belonged to Richard Jones, who died in 18 73, leaving Mabala Jones, his widow, and Sarah Holmes, the plaintiff, his , daughter, who partitioned the land between them, and they went into possession of their respective shares. In 1894, while Mahala Jones was still living, Sarah Holmes and husband conveyed to T. W. Carr the part of which she was in possession\u2014 the land in controversy. Subsequently Mahala Jones died intestate, without having disposed of her land, leaving Sarah Holmes her sole heir. The question whether the partition was valid or not is immaterial. Sarah Holmes had no title to the interest, whether a divided or undivided interest, which Mahala Jones owned in the land at the time of the deed; yet Sarah Holmes, though a married woman, is estopped by her deed, and' the subsequent devolution of her mother\u2019s title on her by descent \u201cfeeds the estoppel.\u201d Mordecai\u2019s Lectures, 785; Zimmerman v. Robinson, 114 N. C., 49.\nThe other exceptions require no discussion.\nNo error.", "type": "majority", "author": "Olabk, C. J." } ], "attorneys": [ "George M. Lindsay for plaintiffs.", "J. Paul Frizzelle for defendants." ], "corrections": "", "head_matter": "HENRY HOLMES et al. v. W. G. CARR et als.\n(Filed 1 October, 1913.)\n1. Deeds and Conveyances \u2014 Probate Officer- \u2014 Interest\u2014Relationship.\nThe mere fact that the probate officer to a deed was the son of the grantor therein does not give him such interest in the lands, as heir at law, as would affect the validity of his act.\n2. Deeds and Conveyances \u2014 Feeding Estoppel \u2014 Married Women..\nThe widow and daughter of the deceased went into possession of their respective shares of his land under a deed of partition. Thereafter the latter conveyed to another, and it is SeM that the validity of the partition is immaterial, for the daughter, though a married woman, was estopped by her deed from claiming an interest in her mother\u2019s land, which came to her by descent, after her mother\u2019s death, and this \u201cfed the estoppel.\u201d\nAppeal by plaintiff from 0. H. Allen, J., at May Term, 1913, \u2022of GREENE. ,\nGeorge M. Lindsay for plaintiffs.\nJ. Paul Frizzelle for defendants." }, "file_name": "0122-01", "first_page_order": 168, "last_page_order": 170 }