Perkins v. . Thompson
Supreme Court of North Carolina
Civil action to recover land, tried before Robinson, The plaintiff claimed to be the owner of the land, and alleges that the deed from himself to the defendant had never been delivered, but was surreptitiously obtained by the defendant from plaintiff’s wife.
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Civil action to recover land, tried before Robinson, The plaintiff claimed to be the owner of the land, and alleges that the deed from himself to the defendant had never been delivered, but was surreptitiously obtained by the defendant from plaintiff’s wife. The deposition of plaintiff, a non-resident, was read in evidence, in which he stated “he had learned from friends, that Thompson had taken up with his wife, and they were living together as man and wife, and she had had two illegitimate children by said Thompson.” The evidence was objected to by defendant, but allowed by the Court, and…
1Opinion of the Court
Montgomery, J.:
The deed, if it was delivered, conveyed the land in it described to the defendant. He got possession of the deed in some way and had it registered, although more than a dozen years had elapsed after the plaintiff had acknowledged its execution before a Justice of the Peace. The usual issues in actions for possession of real estate were submitted, the responses to which by the jury depended upon the fact whether or not there had been, in law, a delivery of the deed.
The pláintiff offered on the trial his own deposition, in which he deposed, among other things, that in 1879 he got…
2Cases cited3 opinions
- Gregg v. . Mallett.Supreme Court of North Carolina · 1892
- Redman v. . GrahamSupreme Court of North Carolina · 1879
- Whitman v. . ShingletonSupreme Court of North Carolina · 1891
3Cited by2 opinions
- Snellgrove v. DingelhoefCourt of Appeals of Georgia · 1920
- Ellington v. . CurrieSupreme Court of North Carolina · 1847