Ruffin v. . Overby
Supreme Court of North Carolina
This was an Action to Recover Real Property, tried at the August Term of the Superior Court of Stokes County (1889), Gilmer, J., presiding.
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This was an Action to Recover Real Property, tried at the August Term of the Superior Court of Stokes County (1889), Gilmer, J., presiding. In support of their contention, the plaintiffs introduced two grants from the State to Gotlieb Shober, dated May, 1795, one calling for 1,920 acres, the other calling for 600 acres; a deed from Gotlieb Shober to Timothy Pickering, dated July 10, 1795, for about 2,700 acres; a deed from Charles Banner, Sheriff of Stokes, to A D. Murphy, for about 2 428 acres, dated December .13 1815, in which deed there is recited "that the land was sold as the land of…
1Opinion of the CourtAvery, J.
after stating the facts: The Judge below thought that, in the aspect of the evidence most favorable to the plaintiffs, they had failed,'when they rested, to make a prima facie case, and hence if they have indicated any combination of facts, to which the different fitnesses testified, that would, if true, entitle them to recover, the judgment of nonsuit must be set aside and a new trial granted.
The plaintiffs offered testimony tending to show that the land in controversy was granted to Gotlieb Shober in 1795, and then offered, as color of title, a deed from Charles Banner, Sheriff, to A. D.…
2Cases cited7 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Staton v. . MullisSupreme Court of North Carolina · 1885
- Williams v. . WallaceSupreme Court of North Carolina · 1878
- Davis v. . HigginsSupreme Court of North Carolina · 1884
- Austin v. . KingSupreme Court of North Carolina · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Locklear v. . SavageSupreme Court of North Carolina · 1912
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- Philbin v. CarrIndiana Court of Appeals · 1920
- Bryan v. . SpiveySupreme Court of North Carolina · 1891
- Price v. Tomrich CorporationSupreme Court of North Carolina · 1969
34 more not listed; retrieve them via the Exa API.