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24 N.C. 217

Matthews v. . Matthews

Supreme Court of North Carolina

Decided June 5, 1842

Supreme Court of North Carolina · decided 1842-06-05

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.

Decided 1842-06-05

Daniel, J.

¶1 We learn from the case that the deed was proved in Chatham County Court, and we must take it that *218 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.

¶2 Per Curiam, Judgment affirmed.

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