Allen v. . Bolen

Citations

• 18 S.E. 964
• 114 N.C. 560

Syllabus

<p>Deeds — Registration—Priority—“ Connor’s Act ” — Homestead.</p> <p>The plaintiff in an action to recover land which, together with two other tracts, had in 1879 been allotted to defendant’s father as a homestead, claimed under a Sheriff’s deed dated December 22, 1890, and recorded January 21, 1891, the Sheriff having sold under an execution against the defendant’s father, to whom, and at whose instance, upon a re-allotment of the homestead, other lands were allotted by commissioners; the defendant claimed under a deed from her father dated January 18, 1883, and recorded March 13, 1891; the plaintiff had no actual or constructive notice at the sale that the defendant was in possession or that she claimed the land; the judgment debtor laid no claim to the land as a part of his homestead: field (1), that, under “Connor’s Act” (ch. 147, Acts 1885), providing that no unregistered conveyance of land shall pass any property as against purchasers for value, the plaintiffs deed takes precedence of the defendant's deed; (2), the loam in qm was, as to the creditors of the defendant’s grantor, simply former homestead land as to which the grantor had waived his homestead in the constitutional way by deed with the prescribed formalities, and was subject to execution for the grantor’s debts.</p>