141 S.E. 480 | N.C. | 1928
STACY, C.J., and ADAMS, J., dissenting.
This case was heard and determined by the Court in an opinion filed 23 February, 1927, and reported in
The defendant filed a petition to rehear. Because of the importance of the principle involved the entire case has been thoroughly reexamined by the Court. The divergent views with respect to the principles of law involved are set forth in the main opinion and the dissenting opinion in the original case. The main conflict in the law, as announced in this State, arises upon a construction of Spivey v. Rose,
The deed of gift was good between the parties within the period of two years, and therefore during said period vested the title in the grantee. At the end of two years, what became of the title to the property? Thereafter it could not vest in the grantee, because, if unregistered, the statute pronounced the instrument dead. The title could not rest in the clouds. It must vest somewhere. Obviously it vested in the grantor, and was so vested when the purported curative act was passed. The result therefore of the curative act was to wrest title out of plaintiff by the sheer act of the law. Under all the authorities vested rights cannot be impaired or controlled by curative acts.
Petition dismissed.
STACY, C. J., and ADAMS, J., dissenting. *10