Blue v. . Ritter
Supreme Court of North Carolina
Civil actioN, for the recovery of land, tried at May Term, 1895, of CumbkRLANP Superior Court,, before Norwood, J., and a jury. There was a verdict for the defendants and plaintiffs appealed. The facts necessary to an understanding of the decision of the Court are stated in the opinion of Associate Justice Furohiss.
1Opinion of the Court
Furches, J.:
This is an action for the possession of land. It therefore became the duty of plaintiffs to make out their title, that is, to show by the evidence that they are the owners, and if they fail to do this they must fail in this action. Cowen v. Withrow, 116 N. C., 771. The action was commenced by N. B. Blue who has since died, and the plaintiffs offered evidence showing that he was dead, leaving a last will and testament, an order of court at a former term to make his heirs-at-law and executors parties plaintiff, and that they had been so made. But they did not offer in evidence the…
2Cases cited2 opinions
- Foster v. HackettSupreme Court of North Carolina · 1893
- Cowen v. . WithrowSupreme Court of North Carolina · 1895
3Cited by17 opinions
- Stanback v. StanbackSupreme Court of North Carolina · 1975
- McIver v. . McKinneySupreme Court of North Carolina · 1922
- Gordon v. . EhringhausSupreme Court of North Carolina · 1925
- Peebles v. Graham.Supreme Court of North Carolina · 1901
- Kidder v. . BaileySupreme Court of North Carolina · 1924
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