Legal Opinion

Isley v. Boon

Supreme Court of North Carolina

Decided September 15, 1891PublishedCited by 4 opinions

Action to recover land, tried at March Term, 1891, of Alamance Superior Court, Boykin, J., presiding. On the trial it became material for the plaintiff to produce in evidence the record of a special proceeding, and the following is so much of the case stated on appeal for this Court in respect thereto as need be reported: The plaintiff proposed to show a sale of the land in controversy by E. S. Parker, administrator of Samuel Adams, deceased, on the 3d day of April, 1876…

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Action to recover land, tried at March Term, 1891, of Alamance Superior Court, Boykin, J., presiding. On the trial it became material for the plaintiff to produce in evidence the record of a special proceeding, and the following is so much of the case stated on appeal for this Court in respect thereto as need be reported: The plaintiff proposed to show a sale of the land in controversy by E. S. Parker, administrator of Samuel Adams, deceased, on the 3d day of April, 1876 (under special proceeding taken by him in the Superior Court of Alamance County, for the purpose of creating assets for the…

1Opinion of the CourtMerriMON, C. J.

after stating the case, proceeded: The evidence proposed and rejected on the trial must be accepted for the present purpose as true, because it was material, and if it had been submitted to the jury they might have believed and so treated it.

The facts showed that material parts of the record of the special proceeding referred to had been lost or destroyed. The Clerk of the Court, the proper custodian of the record, made diligent search in his office for such parts of it as were alleged to have been lost, and he was unable to find them. It must be taken that he made such search where,…

2Cases cited5 opinions

  1. Hare v. . HollomonSupreme Court of North Carolina · 1886
  2. Mobley v. . WattsSupreme Court of North Carolina · 1887
  3. McKesson v. . SmartSupreme Court of North Carolina · 1891
  4. Stanly v. . MassingillSupreme Court of North Carolina · 1869
  5. Yount v. . MillerSupreme Court of North Carolina · 1884

3Cited by4 opinions

  1. Taylor v. JohnstonSupreme Court of North Carolina · 1976
  2. Thompson v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1915
  3. Walston v. W. H. Applewhite & Co.Supreme Court of North Carolina · 1953
  4. Board of Education v. . GallopSupreme Court of North Carolina · 1947

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