Doe on Dem. of McLenan v. Chisholm
Supreme Court of North Carolina
Ejectment, tried before Buxton, J., at Fall Term 1869, of Montgomery Court. The plaintiff claimed under a chain of title, beginning with a grqut from tbe State in 1825. In order to show title out of the plaintiff, the defendant offered in evidence, an abstract of a grant from the State, in the following terms: “ Sampson Williams 300 acres, Anson, on Mountain Creek, beginning at a pine [then tracing the boundaries,] May 24th 1773. (Signed) Jo Martin.”
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Ejectment, tried before Buxton, J., at Fall Term 1869, of Montgomery Court. The plaintiff claimed under a chain of title, beginning with a grqut from tbe State in 1825. In order to show title out of the plaintiff, the defendant offered in evidence, an abstract of a grant from the State, in the following terms: “ Sampson Williams 300 acres, Anson, on Mountain Creek, beginning at a pine [then tracing the boundaries,] May 24th 1773. (Signed) Jo Martin.” The plaintiff objected, and the Court excluded it. It is not necessary to report the other facts in the case. The plaintiff had a verdict; Bule,…
1Opinion of the Court
PeabsoN, O. J.
His Honor erred in rejecting u the abstract of a grant” (Exhibit A.), which was 'offered by the defendant. From the abstract it appears, with the requisite certainty, that Sampson Williams was the grantee, Gov. Martin the grantor, the three hundred acres of land therein described, the subject of the grant, and that a grant was executed, May 24th 1773. This is settled: Clarke v. Diggs, 6 Ire. 159; Candler v. Lunsford, 4 D. & B. 19.
It is said, in the argument, that this error did not affect the defendant’s case, as he failed to connect his title with the Williams grant. There is…
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