Jarvis v. Vanderford
Supreme Court of North Carolina
This was an action for the recovery of the possession of land, tried before Bynum, J., and a jury, at the April Term, 1894, of Pitt. Superior Court. It was admitted that the title to the land in controversy was in one David Averett, who was long since dead.
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This was an action for the recovery of the possession of land, tried before Bynum, J., and a jury, at the April Term, 1894, of Pitt. Superior Court. It was admitted that the title to the land in controversy was in one David Averett, who was long since dead. The plaintiff offered testimony tending to show that one Starling Averett was the son and heir-at-law of said David Averett, and then put in evidence the will of Starling Averett, by which will the real estate of said Starling Averett was given to his wife for her life, remainder in fee in W. IT. Burnett. It was in evidence that the widow…
1Opinion of the Court
Eueohes, J.:
This is an action for the possession of land, in which there was a verdict and judgment for plaintiff, and defendant appealed. The record presents but. two exceptions — first, the exclusion of the evidence as to the handwriting of Alexander Evans ; second, the refusal to permit defendant to put in evidence a paper-writing purporting to be a copy of the will of David Averett. We do not think either one of these exceptions can be sustained.
It was not shown that Alexander Evans was Clerk or that Richard Evans was Deputy Clerk of the Court of Pleas and Quarter Sessions in 1808. And…
2Cases cited4 opinions
- Tunstall v. . CobbSupreme Court of North Carolina · 1891
- Davis v. . HigginsSupreme Court of North Carolina · 1884
- Headen v. . WomackSupreme Court of North Carolina · 1883
- Brown v. . BrownSupreme Court of North Carolina · 1890
3Cited by4 opinions
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- Childress v. NordmanSupreme Court of North Carolina · 1953
- Ratliff v. Ratliff.Supreme Court of North Carolina · 1902
- Swartz v. FrankSupreme Court of Missouri · 1904