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221 N.C. 465

20 S.E.2d 376

Cutts v. McGhee

Supreme Court of North Carolina

Decided June 5, 1942

Supreme Court of North Carolina · decided 1942-06-05

Cited by 1 later decisions — most recently October 1953

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1942-06-05

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DeNNY, J.

¶1The deed of gift executed 28 July, 1900, was not registered within two years from its execution, as required by Consolidated Statutes of North Carolina, sec. 3315, and was void at the time of its registration, 12 January, 1904. Curative acts of the Legislature do not revive void instruments. Booth v. Hairston, 193 N. C., 278, 136 S. E., 879; S. c., 195 N. C., 8, 141 S. E., 480; Reeves v. Miller, 209 N. C., 362, 183 S. E., 294; Allen v. Allen, 209 N. C., 744, 184 S. E., 485.

¶2Acknowledgment of the execution of an instrument is not a re-execution of it.

¶3His Honor’s ruling in the court below was correct, and the judgment is

¶4Affirmed.

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