{
  "id": 8627423,
  "name": "C. L. BOOTH, Trustee of Elizabeth L. James et al., v. SAMUEL HAIRSTON",
  "name_abbreviation": "Booth v. Hairston",
  "decision_date": "1928-01-31",
  "docket_number": "",
  "first_page": "8",
  "last_page": "9",
  "citations": [
    {
      "type": "official",
      "cite": "195 N.C. 8"
    }
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  "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": "145 N. C., 303",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
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    {
      "cite": "120 N. C., 163",
      "category": "reporters:state",
      "reporter": "N.C.",
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        8656726
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        "/nc/120/0163-01"
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  "last_updated": "2023-07-14T20:22:12.241767+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Stacy, C. J., and Adams, J., dissenting."
    ],
    "parties": [
      "C. L. BOOTH, Trustee of Elizabeth L. James et al., v. SAMUEL HAIRSTON."
    ],
    "opinions": [
      {
        "text": "Bbogden, J.\nThis case was heard and determined by the Court in an opinion filed 23 February, 1927, and reported in 193 N. C., p. 278.\nThe defendant filed a petition to rehear. Because of the importance of the principle involved the entire case has been thoroughly reexamined by the Court. The divergent views with respect to the principles of law involved are set forth in the main opinion and the dissenting opinion in the original case. The main conflict in the law, as announced in this State, arises upon a construction of Spivey v. Rose, 120 N. C., 163, and Dew v. Pike, 145 N. C., 303. The defendant contends that Spivey v. Rose is a direct authority supporting his position. The plaintiff contends that Dew v. Pike is a direct authority to the contrary. The statute, C. S., 3315, provides in substance that a deed of gift, if not proven in due form and registered within two years after the making thereof, shall be void. In Spivey v. Rose it is stated: \u201cThe General Assembly has regularly, every two years, enacted statutes extending the time for the registration of conveyances of real estate, since the execution of this deed up to the time of its registration, the first one on 31 March, 1871.\u201d The deed in question was executed 1 June, 1867. Two years from that time would be 1 June, 1869. If the first act extending the time for the registration of deeds was passed on 31 March, 1871, then the General Assembly bad not, every two years from the execution of said deed, extended the time for the registration of said deed. Whether the Court was under the impression that this bad been done or whether that bad anything to do with the bolding, does not appear. Frankly, the bolding in Spivey 4. Bose and in Dew v. Pike cannot be harmonized except perhaps by attempting to draw microscopic distinctions. The bald question of law involved is whether or not the General Assembly can ratify a void deed. When the deed of gift in this case was given, the law required that it be registered within two years, and it went further and pronounced the instrument dead after the lapse of two years. Tbe power of the Legislature to cure defective certificates or acknowledgments or probates or registration is undoubted and has been recognized, approved and set in the law in hundreds of cases; but the power to cure a. crippled instrument, having at least a spark of legal life, does not extend to raising a legal corpse from the dead. The principle is stated in Herring v. Lee, 22 W. Va., p. 673, as follows: \u201cThe act of Sommerville in attempting to admit said deed to record being, as we have seen, absolutely void, and not simply voidable, the said curative act of 31 March, 1873, if it could be construed to apply to this case, would be unconstitutional and void. If it was competent for the Legislature to make a void proceeding or-act valid, then said act might be invoked to sustain the deed in this case. But upon that question there cannot be a moment\u2019s hesitation. The Legislature can no more impart binding efficacy to a void act than it can take one man\u2019s property and give it to another. Indeed to do one is to accomplish the other.\u201d\nThe deed of gift was good between the parties within the period of two years, and therefore during said period vested the title in the grantee. At the end of two years, what became of the title to the property? Thereafter it could not vest in the grantee, because, if unregistered, the statute pronounced the instrument dead. The title could not rest in the clouds. It must vest somewhere. Obviously it vested in the grantor, and was so vested when the purported curative act was passed. The result therefore of the curative act was to wrest title out of plaintiff by the sheer act of the law. Under all the authorities vested rights cannot be impaired or controlled by curative acts.\nPetition dismissed.\nStacy, C. J., and Adams, J., dissenting.",
        "type": "majority",
        "author": "Bbogden, J."
      }
    ],
    "attorneys": [
      "Brooks, Parker, Smith & Wharton, Andrew Joyner, Jr., and Malcolm Harris for appellant.",
      "Mealde & Meade and King, Sapp & King for respondent."
    ],
    "corrections": "",
    "head_matter": "C. L. BOOTH, Trustee of Elizabeth L. James et al., v. SAMUEL HAIRSTON.\n(Filed 31 January, 1928.)\n1. Deeds and Conveyances \u2014 Requisites and Validity \u2014 Statutes\u2014Special Laws \u2014 Validity.\nA deed of gift not registered within the time prescribed by statute is void, and thereafter the Legislature is without power to bring it to life again by the enactment of a statute lengthening the period in which it may be registered.\nStacy, C. J., and Adams, J., dissenting.\nPetition to rehear decision on appeal from Guilfobd County.\nBrooks, Parker, Smith & Wharton, Andrew Joyner, Jr., and Malcolm Harris for appellant.\nMealde & Meade and King, Sapp & King for respondent."
  },
  "file_name": "0008-01",
  "first_page_order": 80,
  "last_page_order": 81
}