Matthews v. Matthews, 24 N.C. 217, 2 Ired. 217 (1842)

June 1842 · Supreme Court of North Carolina

24 N.C. 217, 2 Ired. 217

DEN ON DEMISE OF WILLIAM MATTHEWS vs. EZEKIEL MATTHEWS.

In Ejectment, the defendant, who has executed to the lessor of the plaintiff a deed for the land in controversy, to which femes coverts-were parties, hut which was not regularly proved as to them, cannot deny the plaintiff’s right to recover.

This was an appeal from the judgment of the Superior Court of Law of Chatham county, at Spring Term, 1842, his Honor Judge Dick presiding. It was an action of E. jectment, and in the trial of the case the plaintiff offered in evidence a conveyance in fee simple for the tract of land in controversy. The deed was executed by the defendant, and proved as to him. It also purported to be executed by several others, some of whom were married women; but as to these there was not such a probate as is required by law to admit the deed to registration. The defendant objected to the evidence, because the femes coverts had'not been privately examined; but the judge received the evidence, because the deed was good against all the parties except the femes coverts, and the defendant having signed the deed, the probate and registration, in the county of Chatham, where the land lay, was good against him at all events. The husbands of the femes coverts who signed the deed are still living, and they also executed it. Judgment having been rendered against the defendant, he appealed.

No counsel appeared tor the plaintiff.

Waddell and Iredell for the defendant.

Daniel, J.

We learn from the case that the deed was proved in Chatham County Court, and we must take it that ft was duly registered, as there is no objection raised on that score. The deed, therefore, passed all the interest in the ’ ’ land which the defendant and the husbands oí his sisters ha(j jn The deed certainly was evidence for the plaintiff. If the sisters are all alive, the plaintiff is entitled to recover his term in all the land mentioned in the declaration; as all the estate of the defendant, and the estates that the husbands had, in right of their wives, passed to him by force of the deed. In the lands belonging to the wife in fee, which are in possession, the husband has an interest which his deed will pass; and at his. death, the wife or her heir may enter upon the husband’s alienee. But during the lives of the husband and wife, or after her death leaving issue, the bar-gainee of the husband has a good title during the husband’s life. The judgment must be affirmed.

Per Curiam, Judgment affirmed.