The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-06-22
Supreme Court Decisions.
reported by Jos. L. seawell.l
VANDERBILT !. Brown. Attained.

Judicial Sales-Title
bidder at judicial sale acquires no
rlght before confirmation OF report OF
commissioners making the sale.
Whefe decree of sale was made upon
petltlon FOR partition of land ana Tour
commissioners appointed to make sale,
out rhere was no report of sale and no
order OF court subsequent to the decree
OIL sale, and eight years after decree one
or the TOUR commissioners made sale ana
gave pond to make title to purchaser,
and the deed afterwards executed to the
purchasers heirs by the commissioner,
purports to convey the interest OF the
grantor as commissioner" and not the
land itself, it was held that the sale anc
deed were of no legal effect.
The plaintiff showed a chain o. title
from the heirs Of to himself, and de-
PENDANT claims from the same source and
contends that he acquired a better title
under the partition proceeding and at
tempted sale by one of the commissioner
ers, and it was held that the plaintiff,
by introducing the commissioners bond
to make title for the purpose of showing
that plaintiff and defendant claimed from
the same source did not admit it's
validity
Numerous other exceptions not sus-
tained).
COLLINS v. ASHEVILLE Land co. A.
firmed.
Sale of Land by Plat-Streets.
A map or Plat referred to in deed be-
comes a part of the deed
Where lots have been sol1 by reference
to a plat representing a division of a
l.n L~x9s, Of
streets and lots, the purchaser of a lot
acquires the right to nave all ard each
OF the streets on the plat kept open.
In such cases the registI alton OF the
plat is not essential. Elliott on Loads.
Section 1870; Conrad " Lanl CO., 126
n c., 776 e 80
BRINKLEY V. BRINKLEY. Error.
: Marital Rights-Notice
Statute of Frauds.
Marriage is valuable consideration
in a parol contract, TO convey land.
Where a man entered into a parol con-
tract with woman TO convey her one
half of his land upon consideration of her
marrying him, and two months before
the marriage the man conveyed by deed,
duly registered, all his land to his infant
children, said conveyance is fraud upon
the marital rights of The woman, and is
void except as to innocent purchasers
for value, and in such case constructive
notice from registration does not avail.
The Statute of Frauds does not Apply
to executed contracts and hence cannot
avail in this case, as the decd i'll eomEli-
ance with the parol contract was Actually
delivered to the wife before this action
was brought
KING v. COOPER. Affirmed.
Tax Sales. a.4i
The purchaser of land sold Tor nom
payment of taxes Is not entitled to
deed unless he has served written or
printed notice of his purchase on the per-
son in actual possession and the person
in whose name the land was listed three
months before the time of redemption has
expired Acts. of 1897, chapter ls9, section
GA.
The provision ifti sub section of Sec
ton &c. chapter 1885, Acts OF 1897, that
the sheriff's deed shall be presumptive
evidence that notices had been served
and due publication made before the Zine
OF redemption had expired" is not con-
strued to mean that such deed shall be
presumptive evidence OF the conditions
precedent to the deed, as provided in Sec
ton GA of said Act
While a sherift7s deed for land sold
for taxes is presumptive or conclusive
evidence that the duties required of pub
lie officers in such respect have been
complied with, it does not make said deed
either presumptive or, conclusive evil
dence that the purchaser at the lax sale
has performed the duties which the law
requires of him before he shall be en-
titled to a deed. The conditions preco-
dent provided in sections "a and % of
said Act must be proved dehors the
deed.
FRIEDENWALD v. SPARGER. No error.
Justices of assignments
Preferences.
The private seal Of justice of the
peace is not essential to the validity of
the probate OF a deed.
Debts perferred in an assignment fer
the benefit of near relatives, nothing APP
pearing to show fraud, raises no pre-
sumption sufficient to compel the assig-
nor to shew the consideration OF the
debts Jordan V. Newsome, 12G N. c.,
$50
The fact that a deed of assignment was
prepared and kept te be registered in the
event of proceedings against the assig-
nor is not evidence of fraud. 80 N. c.,
292
Wilful misstatements and exaggera-
lions by an assignor as to the value OF
his property does not vitiate the deed
of assignment where the false statements
were made before its execution and there
is no evidence that there was fraud N
the execution of the deed on account OF
such misrepresentation.
Failure to properly describe preferred
debts does not vitiate a deed OF assign
ment Brown v. Nimocks, 124 N. Z. III.
MOORE v. CHARLOTTE RAILWAY co.
Error.
Street. Acknowledgment Rights OF
Motormen and Drivers of Vehicles
There is no analogy between case,
growing out of an injury caused by
street railway car to a person rightfully
upon the public thoroughfare, and case
involving an injury inflicted by steam
railroad train on a trespasser upon the
railroad company's right of way.
The rights of drivers of vehicles and
of motormen upon street cars are recip-
rocal and the motorman is bound to
use as much diligence to avoid running
into vehicle which is crossing the track,
as the driver of a vehicle is to avoid
rpnn;no into Sfraat car that may be