Pierce v. . Wanett
Supreme Court of North Carolina
Action of ejectment, tried before PERSON, J., at the Special Term (January, 1858,) of Uew-Hanover Superior Court. The lessor of the plaintiff claimed title to an undivided sixth part of the premises against the defendant, by estoppel, as one of the heirs-at-law of Abraham Golding. She proved a demand of the defendant before suit. To establish her pedigree, she offered the depositions of Ann McDonald and others, taken in Baltimore, Maryland.
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Action of ejectment, tried before PERSON, J., at the Special Term (January, 1858,) of Uew-Hanover Superior Court. The lessor of the plaintiff claimed title to an undivided sixth part of the premises against the defendant, by estoppel, as one of the heirs-at-law of Abraham Golding. She proved a demand of the defendant before suit. To establish her pedigree, she offered the depositions of Ann McDonald and others, taken in Baltimore, Maryland. They were objected to by the defendant as incompetent, upon the ground, that the commission, under which they were taken, had been issued in blank, by the…
1Opinion of the CourtBattle, J.
In his bill of exceptions, the defendant has assigned two errors, upon one, or both of which, he seeks to have the judgment reversed, and a new trial granted. The second alleged error is, in our opinion, well founded, and as it is fatal to the plaintiff’s action, it is unnecessary for us to consider the first, at all.
When the case, between the same parties, and involving the question of title to the same lot of land, was before this Court at December Term, 1849, (see 10th Ire. Rep. p. 446,) it was said that, “ with respect .to the deed from Pierce and wife, the facts do not appear, with…
2Cited by2 opinions
- Norwood v. . MarrowSupreme Court of North Carolina · 1838
- Price v. . SykesSupreme Court of North Carolina · 1820