Smith v. . Wilson
Supreme Court of North Carolina
Trespass quare clausum eregit, tried before his honour Judge Martin, at Buncombe, on the last Circuit. On the trial, the plaintiff gave in evidence a grant from the state to James Miller, and a deed of conveyance from Miller to John Carson, and then offered a registered copy of a deed from Carson to himself. The reception of this copy was objected to, on the ground that the original should have been produced, or its loss accounted for, and was rejected by the Court.
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Trespass quare clausum eregit, tried before his honour Judge Martin, at Buncombe, on the last Circuit. On the trial, the plaintiff gave in evidence a grant from the state to James Miller, and a deed of conveyance from Miller to John Carson, and then offered a registered copy of a deed from Carson to himself. The reception of this copy was objected to, on the ground that the original should have been produced, or its loss accounted for, and was rejected by the Court. The trespass complained of, was committed upon woodlands, and old cleared lands, lying out of the enclosures of the plaintiff,…
1Opinion of the Court
Daniel, Judge.
— The plaintiff offered a copy of the deed from Carson to himself to complete his .chain of title, so as to show that he had a constructive possession of the lands trespassed on by the defendant. This evidence was properly rejected, as he had not accounted for the original deed, which was the best evidence of his title. The practice has invariably been to receive the affidavit of the party, as to the loss or destruction of the original. In Taylor v. Riggs, 1 Peters’ Rep. 591, the Court say, that the affidavit of the party to the cause, of the loss or destruction of an original…
2Cited by3 opinions
- Gordner v. Blades Lumber Co.Supreme Court of North Carolina · 1907
- McFarland v. . PattersonSupreme Court of North Carolina · 1816
- Pearson v. . SmithSupreme Court of North Carolina · 1802