Opinion
(Filed 23 December, 1911.)
1. Grants of Land — Countersignature — Deputy Clerk — Invalidity.
A countersignature by the chief clerk to the Secretary of State on a grant for lands held void under the doctrine of Richards v. Lumber Co., post, 54.
2. Same — Correction — Validity.
When the countersignature of the Secretary of State correctly appears on a grant in all respects regular in form, the validity of the grant will not be affected because a void attempted countersignature of the Secretary appears thereon as having been made by the chief clerk in his office.
3. Grant of Land — Regular in Form — Countersignature — Seal — Entry — Presumptions.
A grant of land under the great seal of the State, regular in substance and form, had thereon the following countersignature by the Secretary of State: "Secretary's office, May 21, 1869, H. J. Menninger, Secretary of State." The countersignature held sufficient, and the reference to the Secretary of State's office, with the entry play as well as the great seal affixed to the grant, shows that the grant was duly issued upon the payment of the money.
(49) APPEAL by plaintiff from Cline, J., at Spring Term, 1911, of CLAY.
A. W. Horne, J. Frank Ray, and O. L. Anderson for plaintiffs.
F. S. Johnston, G. L. Jones, and J. H. Dillard for defendant.
ALLEN, J., dissenting; WALKER, J., concurs in the dissenting opinion.
The facts are sufficiently stated in the opinion of the Court by Mr. Chief Justice Clark.
The only question presented is whether Grant No. 3075 is valid. The original is sent up in the record, and shows:
1. The grant purports to be countersigned as follows: "By command, H. J. Menninger, Secretary of State, per T. J. Menninger, chief clerk." This is invalid. Beam v. Jennings, 96 N.C. 83; Richards v. Lumber Co., post, 54.
2. The Secretary of State himself seems to have been of this opinion and duly countersigned it himself by writing on the opposite side of the sheet the following: "Secretary's office, May 21, 1869. H. J. Menninger, Secretary of State." This is sufficient countersigning, as is held in Richards v. Lumber Co., post, 54. The abortive countersigning by the chief clerk does not vitiate the proper countersigning by the Secretary of State himself. Utile per inutile non vitiatur. The genuineness of the signature of the Secretary of State and that of the Governor is presumed from the great seal being affixed, and there is no attack made upon it. Reference to the Secretary of State's office shows that this grant was duly issued, and upon payment of the purchase money. (50) The entry and plat as well as the great seal are affixed to the grant. In rejecting it there was
Error.