McClure v. . Spivey
Supreme Court of North Carolina
Civil ACTION for the recovery of laud, originally commenced in the Superior Court of Clay County, but removed for trial, on affidavit of defendant, to Cherokee County, where it came on for trial before Norwood, J., at Fall Term, 1897, of the Superior Court of Cherokee County. The plaintiff introduced a connected paper title from the State down to himself. The answer admitted the defendants were in possession. The defendants offered no evidence.
Read the full summary
Civil ACTION for the recovery of laud, originally commenced in the Superior Court of Clay County, but removed for trial, on affidavit of defendant, to Cherokee County, where it came on for trial before Norwood, J., at Fall Term, 1897, of the Superior Court of Cherokee County. The plaintiff introduced a connected paper title from the State down to himself. The answer admitted the defendants were in possession. The defendants offered no evidence. In deducing his title, the plaintiff offered in evidence the book of Record of Wills in Clay County with the record of a will, purporting to bo the…
1Opinion of the Court
Montgomery, J.:
The plaintiffs introduced grants from the State taking title to the land out of the State, and also subsequent and successive conveyances connecting their title with the grants. The defendants offered no evidence. His Honor told the jury that if they believed the evidence they should find the first issue, “ Are the plaintiffs the owners of the land described in the complaint?” in favor of the plaintiffs, and there was no error in that instruction.
In the plaintiffs’ chain of title the will of A. W. Spivey was introduced as evidence. The defendants objected to the same on the…
2Cases cited1 opinion
- Mayo v. . JonesSupreme Court of North Carolina · 1878
3Cited by10 opinions
- Holt v. HoltSupreme Court of North Carolina · 1950
- Starnes v. . ThompsonSupreme Court of North Carolina · 1917
- In Re Will of PuettSupreme Court of North Carolina · 1948
- In Re Will of SpinksCourt of Appeals of North Carolina · 1970
- Edwards v. . WhiteSupreme Court of North Carolina · 1920
5 more not listed; retrieve them via the Exa API.