{
  "id": 8628028,
  "name": "LEWIS BARBER v. J. N. BRUNSON",
  "name_abbreviation": "Barber v. Brunson",
  "decision_date": "1931-12-09",
  "docket_number": "",
  "first_page": "779",
  "last_page": "780",
  "citations": [
    {
      "type": "official",
      "cite": "201 N.C. 779"
    }
  ],
  "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": [],
  "analysis": {
    "cardinality": 186,
    "char_count": 2307,
    "ocr_confidence": 0.459,
    "sha256": "953dde203db33e63fe3779fa2550c677a34ccee7ddddc34dfd1a4737699be946",
    "simhash": "1:0229d15006514ff1",
    "word_count": 393
  },
  "last_updated": "2023-07-14T22:25:15.863450+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "LEWIS BARBER v. J. N. BRUNSON."
    ],
    "opinions": [
      {
        "text": "Pee CueiaM.\nThis is an action to recover possession of a tract of land. The parties claim title under the Henderson Eeal Estate Company as a common source. One of the links in the chain of title is a deed of trust purporting to have been executed by A. C. Justus, S. L. Jones and J. T. Green, the alleged probate of which is as follows:\n\u201cState of North Carolina \u2014 County of.\nI, G. P. Grove, a notary public of.county do hereby certify that . and .,., his wife, personally appeared before me this day and acknowledged the due execution of the.deed in trust; and the said.being by me privately examined, separate and apart from her said husband, touching her voluntary execution of the same, doth state that she signed the same freely and voluntarily, without fear or compulsion of her said husband, or any other person, and that she doth still voluntarily assent thereto.\nTherefore, let said deed in trust, with this certificate, be registered.\nWitness my hand and notarial seal this 5 December, A.D. 1925.\nG. P. Grove, Notary Public.\n(Seal.) .County.\nMy commission expires 7 July, 1926.\u201d\n\u201cNorth Carolina \u2014 Henderson County.\nThe within certificate of G. P. Grove, notary public of Henderson County, is adjudged to be correct in due form and according to law. Let the deed in trust, with these certificates, be registered.\nThis 14 December, A.D. 1925.\nJ. S. Jones, Asst. 0. S. C., Henderson County.\u201d\nTbe Superior Court adjudged that tbe probate was defective and that as tbe deed was registered on a defective probate tbe registration is defective and tbe deed of trust null and void as notice to purchasers and creditors and, therefore, ineffective to defeat tbe plaintiff's claim of title. Tbe judgment is\nAffirmed.",
        "type": "majority",
        "author": "Pee CueiaM."
      }
    ],
    "attorneys": [
      "Johnson, Smathers & Rollins for plaintiff.",
      "Ray, Redden & Redden for defendant."
    ],
    "corrections": "",
    "head_matter": "LEWIS BARBER v. J. N. BRUNSON.\n(Filed 9 December, 1931.)\nDeeds and Conveyances A f \u2014 Probate in this case held defective and deed of trust was null and void as notice to purchasers and creditors.\nThe certificate of a notary public to a deed in trust on lands leaving out the name of the grantor and his wife is defective and its registration thereon is defective, and it is null and void as notice to purchasers and creditors.\nAppeal by defendant from Stacie, J., at May-June Term, 1931, of HeNdeksoN.\nAffirmed.\nJohnson, Smathers & Rollins for plaintiff.\nRay, Redden & Redden for defendant."
  },
  "file_name": "0779-01",
  "first_page_order": 853,
  "last_page_order": 854
}