THE DCPIiN TIMES, KENANSVIIXE, tf. C, THURSDAY, AlZZh 1 I
THIS IS 1
' fcy Themaa r. Adams, Jr.
' Fr N. C. Bar Association)
. EJSCORDINQ DEEDS
In order to protect the purchasers
of real property, the State of North
Carolina hat provided In each of its
counties an official known as jthe
.Register of Deeds, whose duties in
clude the recordation ot deeds con
veying; real property. Safety in the
purchase of real , estate depends
; largely on the prompt and proper
recordation "of deeds'., ;;,.-.,,,
' It is entirely possible that a deed
: which la valid in all respects at
the time It is signed and delivered
to the grantee may Jater become
void because It is not recorded In
apt time in the office of the Register
of Deeds in the county where the
Free
INSPECTION1 AND
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HE LAW
land is located; Such a deed Is a
deed of gift (that is, one for which
'nothing la Dald) .
The law requires that a deed f
gift be recorded within "two years
from the date of its execution" The
term "execution" includes delivery
of, the need to the grantee, who Is
the person to whom title to the
property passes. A deed of gift may
be perfectly good when: executed
and may pass title to the gran tee,
but if such' deed is not recorded
within two years from the. -date of
execution. It becomes void and title
to the : property conveyed by the
deed goes back to the grantors In
the deed, or to their heirs., ' ' .
A Protective Law
r The law which provides for this
reversion of title may seem a harsh
one, .but it was enacted to prevent
greater evils. For example, look at
Jhe case of a ' man who, had four
ohidlren and decided to convey to
each of them a tract of land. Prior
to the time of delivery of the deeds,
a daughter became seriously 111 and
It was not known whether she would
ever recover. So the father decided
to retain the deeds until the condi
tion of her health was known, hav
ine in mind that he miaht need to
retain the prijjerty'to care for the
sick aaugnier 11 ner luneas conun-
ued. The father died without ever
having delivered any of the deeds.
An unscrupulous son knew where
the deeds were kept and destroyed
all of them except the one conveying
a tract of land to himself. He there
by gained for himself the title to
the land described in the deed and
an equal share in his father's re
maining property, unless the re
mainder was apportioned by will.
Then this son claimed that the
father delivered the 'deed to him
and fabricated some exucse for hav
ing kept the matter a secret from
the other children. If such excuse
seemed reasonable, few juries would
be likely to set the deed aside un
less the othey children could prove
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v Standard Fertilizer Division
that the deed was not delivered.
But U this unscrupulous son claim
ed that the deed was delivered at
a date prior to two years) he would
talk himself out of court and out of
the tract of land described in the
deed.' ' -
Recording Important :: " j ,
- Whether a deed is delivered as a
gift or for value received. It Is im
portant that it be recorded by the
Register of Deeds, in the county
where the land lies if the grantee is
to protect his title. If the purchaser
falls to record' his deed, the seller
may convey the same land to a
second purchaser,, and if the second
records his deed first, the property
becomes his. :. I
.On the other hand, if the pur
chaser fails to record his deed and
a creditor ' of, the seller places a
judgement on the record against the
seller, the judgement attaches to
the land of the purchaser, and this
land may be sold to satisfy the
judgement. ,
Often a buyer neglects t0 record
his deed bepause he feels that the
seller is so wealthy that no actual
risk exists. The depression of "the
thirties taught us that few men are.
beyond becoming insolvent since
most businesses are operated on a
credit basis. . s
- 'In addditlon, recent tax cases have
Shown that some men of apparent
wealth have accumulated money
through failure to declare and pay
their income taxes. In such event
the federal government files a tax
lien and this lien attaches to the
property conveyed by unrecorded
deeds.
Checks The Record
In examining the title to real pro
perty, the attorney checks the re
cord of the seller until the date the
deed from him Is recorded, regard
less of the date that it was Written
and signed. He determines whether
every deed or other instrument af
fecting the title to the property has
been properly drawn and recorded
within the time required' by law.
Upon determining that the title is
clar, your deed should be recorded
so that no act by any other person
may thereafter encumber the title
to the property purchased. The re
cordation of your deed also protects
your title in the event of loss of the
original deed.
Accident Summary
RALEIGH - The Motor Vehicle
Department today issued a final
summary of 1953 traffic deaths. It
listed 1,118 fatalities and 15,171 in
juries. Leading the fatality toll (was
Mecklenburg County with 51 deaths
including six Charlotte pedestrians.
Guilford's record was slightly bet
ter with 46 and Robeson was in
third place with 44.
Running off the road accouted for
the greatest number of dead the
department noted. In the 8,033 cases
of running off the road reported,
350 persons died.
There were 244 pedestrians deaths
during the year including 32 child
ren under five.
Speeding, driving on the wrong
side of the road, and drinking were
the principle driver violations list
ed in the fatal accident column. Ex
cessive speed was involved in 381
fatal mishaps; driving on the wrong
side of the road in" 93; and drinking
in 66 cases.
Saturday continued to be the most
hazardous day for travel with 261
deaths occuring on Saturdays thou
ghout the year.
The report listed a total of .45,-
777 motor accidents for the year.
The year end report was prepared
by the Highway Safety Division's
Statistical SeStion under the direc
tion of James E. Civils.
- lASTIfjg
lis.
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-T.
UoSites
ADMINISTRATOR'S , NOTICE
Having qualified as administrator
of the estate of C H. Joyner, de
ceased, late- of Duplin County,
North Carolina, this is to notify
all persons having claims against
the estate of said deceased to exhibit
them to the undersigned at 902
North Carolina Street, Goldsboro,
N. C, on or before the 25th day
of March, 1955, or this notice will
be pleaded in bar of their recovery.
All persons indebted to said estate
will please make immediate pay
ment. This the 20th , day of March, 1954.
, V Alton Joyner
Administrator of C. H. Joyner
4-29-6t a. J..
, NOTICE TO CREDITORS
Having qualified as Executor of
the estate of Lucy C. W. Manley,
deceased, late of Duplin County,
North Carolina, this is to notify all
persons having claims against the
estate of said deceased to exhibit
them to the undersigned, at War
saw, N. C, on or before the 26th
day of March, 1955, or this notice
will be pleaded in bar of their
recovery. All persons indebted to
said estate will please make im
mediate payment.
This the 26th day of March, 1954.
Fred D. Williams, Exeeutor
of the estate of
Lucy C. W. Manley, Deed.
E. Walker Stevens, Attorney.
4-29-6t e.w.s.
NOTICE OF ADMINISTRATION
The undersigned, having qualified
as administrator of the estate of
C. B. Kennedy, deceased, late of
Duplin County, this is to notify all
persons having claims against said
estate to present them to the under
signed on or before the 23rd day of
March, 1954 or this notcie will be
pleaded in bar of the recovery. All
persons indebted to said estate will
please make immediate payment to
the undersigned.
This the 23rd" day of March, 1954.
Charles E. Baker, Administrator
of estate of C. B. Kennedy,
' Deceased, Pink Hill, N. C.
H. E. Phillips, Attorney
Kenansville, N. C.
5-6-6t h.e.p.
Presbyterian
Directors of the Presbyterian
Synod of North Carolina Education
al Institutions Survey are on the
job full time, according to Dr.
Harold J. Dudley, General Secre
tary and present Moderator of the
Synod. Dr. Donald C. Agnew, of
Oglethorpe University, Atlanta,
Georgia, recently joined Dr. Roger
P. McCutchorpe, Dean of the Gradu
ate School, Tulane University, New
Orleans, who is Director of the
study. Dr. Agnew is assistant to
Dr. McCutcheon.
Recently members of the Advi
sory Council and appointed members
of the Synod's Commission Conven
ed in Charlotte to hear the first
progress report of the Directors
More than two days of study and
discussion were given to the pro
ject, and members of the Council
visited Queens College in Charlotte
and Davidson College .to observe'
first-hand the educational programs
of the two Institutions. Later a
part of the Council traveled to
I-" , , driving Deed "-rig in JriWnff V
mam lk .ssr- .
' . M satisfaetZto that a d let I
' fT handling ea8, , , rmlZ b pS !
"I ' t'Bjv '--- 'w,
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::;::;; $? n.t.w,,tivfv.,;a,r...-2y- , mi i rnmin urn ni i numi iiiiwwiiiiiwimwnir kritrrmmtWrfflmmMmwtmk"!., "
- ' "-fy- .,.,Mi,tu ,..,.,.,..,, m ,., u,, ' -m
Statesville and Banner Elk to visit
respectively Mitchell College and
Lees-McRae College. '., , v -: " -
The survey includes all seven of
the educatitutiohs supported by the
Synod and Lees-McRae Cdllege.part
ly supported by Concord Presbytery
Institutions included besides those
mentioned are Flora MacdonalcJ Col
lege, Raleigh; and Glade Valley
School,Sparta. . ';
No tangible report will be avail
able from the study group nutil
1955. In the meantime, no phase
of the educational program is being
overlooked in the study. Experts
who already have been called into
the study include Dr. Paul B. Sears,
Professor of Botany, Yale Universi
ty, in the field of science; Dean
Noble Hendrix of the University
ot Alabama, campus student life
activities; and Dr. Hoyt BlackWell,
President of Mars Hill .College,
junior colleges. Other specialists
who wllf participate in the study
include Dr. Taylor Cole, Professor
of Political Science, Duke Univer
sity, in the fild of political science,
and Dr. Myron F. Wicke, of the
department of Higher Education,
the Methodist Church, Nashville,
Tennessee, specialist in religious
life and program on the college
campus.
Plant To Last Row
Farmers Advised
Raleigh, April 22 Underplantlng
cotton acreage altloments can be a
costly mistake this year, according
to M. G. Mann, general manager of
the N. C. Cotton Growers Associa
tion.
The faruer who undertlants, even
though he thought he was planting
has full allotment, will lose in two
ways,Marm said. First, he will lose
the income from the unplanted por
tion.
Second, his future allotments will
be affected if his underplanted
acreage is more than 10 per cent of
his allotment or one acre, which
ever is the larger. This would also
mean a total allotment to the coun
ty and state, Mann said.
Having the land measured accur
ately can prevent much of this
unintentional underplanting, the cot
ton leader explainted.
For a fee, the county ASC office
will pre-measure the allotment and
allow this as the official measure
ment for compliance.
Mann also pointed out that most
communities have residents Vho
know how to measure land and
that the services of these men could
be obtained to stake out the pre
cribed limits.
"Guessing acreage can be a dan
gerous practice when so much is
involved," Mann said. "It seems
reasonable to assume that our cot
ton acreage will be cut again next
year, and If we lose valuable thr
ough underplanting this year, our
problem of maintaining farm income
will become even more serious."
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CoastGuard; :
Recruiting Open
i "We're -vide, open .for recruits,"
Chief Radarman C. L. C. L. Lewis,
off icer-in-charge of the U, S. Coast
Guard's Wilmington recruiting of
fice, said today, "but the trouble is
that since recruiting was shut down
for a couple of months recently.
lots of prospective recruits think
we're still closed and don't bother to
contact us when they're thing of
entering military service."
Lewis made the statement as
Coast Guard recruiters all over the
Fifth Coast Guard District set. out
to round up recruits to meet the
service's greatly increased monthly
personnel quotas.
"Right now we're looking for men
between the ages of 17 and 25 to
join the Coast Guard. We feel that
one of our service's biggest attrac
tions to young men is its small size
- about 30,000 men all told - which
makes for a tighter, knit and more
informal organization." .
He said hat all new enlistments
in the Coast Guard are for a period
of four years, and emphasized that
former servicemen can enlist even
if they don't fall within the 17 to
25 age group.
It was alsq pointed out that many
ex-Coast Guard and Navy men can
join the Coast Guard with their old
rates.
"All our ne wrecruits are sent
to the Receiving Center at Cape
May, N. J. for three months of re
cruit training where they get a
little' of everything, from gunnery
to boat handling," Lewis said.
Following their training, accord
ing to the Coast Guardsman, many
recruits are assigned to special ser
vice schools at Groton, Conn., and
elsewhere whic hlead to petty offi
cer ratings, including those of en
gineering, radioman, electronic's
technician, yeoman and hospitalman.
3133
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SALES G 2
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Other new men are stationed a
board Coast Guard cutters engaged
in offshore rescue Work, weather
patrol and Ice patrol, while-some
men are first ' assigned to Coast
Guard bases, ajy.' stations and other
store installations "generally' some
where in the United States or its
possessions, , ' . . '
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"These who don't go direc
service school," Lewis said, "i
many chances to be sent to sd l
later on, or even get their rali s
whereever they may be stationed."
The Coast Guard's nearest re
cruiting office is located in the Cus
tom House, Wilmington. Other re
cruiting offices are in Durham, Nor
folk and Baltimore. :
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Executor"
WALLACE
FAISON
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Mount Olive, N, C, - .
IJVl --liU'
W. W. UfUsi ' Coeper Oec
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Warsaw N. C.
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