Doe on the Demise of Stevens v. West
Supreme Court of North Carolina
This was an action of ejectment, tried before Peeson, J., at the Spring Term, 1857, of the Superior Court of the county of Brunswick. The lessors of the plaintiff claimed title to the land in dispute by descent from Mary, who was a daughter of Caleb Granger, and wife of "William Blount, a former Governor of Tennessee. They proved that they were his heirs at law, and that the defendants were the tenants in possession at the time of the service of the declaration.
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This was an action of ejectment, tried before Peeson, J., at the Spring Term, 1857, of the Superior Court of the county of Brunswick. The lessors of the plaintiff claimed title to the land in dispute by descent from Mary, who was a daughter of Caleb Granger, and wife of "William Blount, a former Governor of Tennessee. They proved that they were his heirs at law, and that the defendants were the tenants in possession at the time of the service of the declaration. The lessors of the plaintiff showed, as the origin of their title, a duly certified copy of a grant from the register’s office in…
1Opinion of the CourtBattle, J.
The case comes before us upon two exceptions only, and our opinion is decidedly in favor of the plaintiff upon the first, and as decidedly against him upon the second. It is now well established, as a rule of the common law, that if there be father and son of the same name, and a promissory note, deed, or devise be niade to a person of that name, it shall be taken to have been the father and not the son, unless it he proved that the son, and not the father, was meant. Thus, in an action upon a note, payable to Henry Sweeting, it appeared that there were a father and a son of that name,…
2Cited by5 opinions
- Extinguisher Co. v. RailroadSupreme Court of North Carolina · 1904
- Combs v. WoodieCourt of Appeals of North Carolina · 1981
- Carson v. ReidCourt of Appeals of North Carolina · 1985
- Green Hi-Win Farm Inc. v. NealCourt of Appeals of North Carolina · 1986
- Carson v. ReidCourt of Appeals of North Carolina · 1985