The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-16
A. NJ. SCALES, Executive.
VIM. Il. GREEN,
" O. JTpCHURIH.
Com. of Board of Agriculture.

Com. of Board or Agriculture.
This effectually settles the question as
to whether Grissom was paid for the
land as the check is plainly endorsed
with his name ON the back.
The facts in the transaction | find
to be as follows: The land was origi-
nally bought with money furnished
by the city of Raleigh on re-
commentator of a COMMITTEE of the
Board of Aldermen acting with a COM
mittee of the Board of Agriculture for
the A. and NJ. College. For it So, 100
was paid and a deed to the college was
made ont in due form and accepted, but
net registered 1t WAS afterward lost or
mislaid. The tract bought was 80 acres
and was jointly owned in equal parts
by Eugene Grissom and Mary A. Law
renee.
During hast year ]. C. l.. Harris find
ing that there was no deed for the land
in possession of the board of trustees
of the college wrote out two deeds for
the land and sent one to Mrs. Lawrence
and one to DIR. Grissom to be signed.
Mrs. Lawrence signed hers and returned
ii. DIR. Grissom refused to sign his and
said he did not recall having been paid
paid for it. The deed signed by Mrs.
Lawrence conveys the whole tract Of
$50 acres to the A. and NJ. College
and was recorded here on December 23d,
1898 The consideration was the 81, 100
paid in 1886 for the tract.
Now on the 18th day of July, 1899,
another deed to this tract of land was
sent here and registered by Dr. Eugene
G1issom conveying the property to An
drew w. Hunter for the consideration
OF $3.50 and warranting the title. In
one place the deed conveys fine whole
tract and in the next Grissom's interest,
which is all that could pass in any case.
The status of the matter therefore
is: The A. and NJ. College has a good
deed to half the land in any case. Hun
ter. the squatter, has a deed to the other
half which must he passed on by the
courts. And the law and the courts
seem to be with Hunter.
The law says: Chapter 147, Public
Laws of 1885, Section j. 'No convey
ance of land, nor contract TO convey or
lease land for more than three years
shall be valid to pass any property as
against creditors or purchasers for a
valuable consideration from donor. bar
gainor. or lessor, but from the registra-
ton thereof in the county where the
land lieth."
Now as the original deed was made
to the college in 1886 and not. regis
tered to this day it is sufficiently plain
that it win not hold against the sHbse
quent deed passed for consideration
and duly registered.
On this point the courts have decided
frequently that even when the purcha
ser had actual notice that another and
prior deed was in existence it did not
prevent his acquiring a good title if the
prior deed had not been registered.
Hooker V. Nichols, 116-157; Maddox v.
Arp 114-5S3; Barber V. Wadsworth
1929. 1t seems therefore that even
though this prior deed to the college
shall be found, the squatter will never
theless and Notwithstanding hold his
land if he can show bona fide pur-
chase of it.
ORPHANAGE LOSES NOTHING.
1t is the A. and NJ. College and not
the Methodist Orphanage that will bear
the loss, if any The orpnanage has
paid nothing ON the land, and its attor-
ney. Mr.. X. II. Gray, was aware all the
while of the defect in the title. The
orphanage was buying the land only