McKee v. . Lineberger
Supreme Court of North Carolina
Ejectment tried at July Special Term, 1882, of Gaston Superior court, before Oudger, J. The plaintiff offered in evidence a deed from R. D. Rhyne, sheriff of Gaston county, to himself, dated 9th September, 1876, reciting judgments of G. W. McKee against Jacob Lineberger, and James M. Wright against Jacob Lineberger for the land in controversy.
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Ejectment tried at July Special Term, 1882, of Gaston Superior court, before Oudger, J. The plaintiff offered in evidence a deed from R. D. Rhyne, sheriff of Gaston county, to himself, dated 9th September, 1876, reciting judgments of G. W. McKee against Jacob Lineberger, and James M. Wright against Jacob Lineberger for the land in controversy. The defendant objected to the introduction of this deed, because no record of any suit or action was shown as a foundation for issuing the execution, but the defendant stated he would show judgment, execution, &c., and the deed was allowed to be read in…
1Opinion of the CourtAshe, J.
This appeal comes up upon exceptions taken by the defendant to the admission of evidence, and the'refusal of the judge to give the instructions asked for.
The first exception was to the admission of a sheriff’s deed in evidence, before there had been any evidence introduced to show any suit or action, as a foundation for issuing the execution.
There is no force in this exception. The plaintiff, as he stated to the court he would do afterwards in the progress of the trial, offered in evidence the record of the judgment and execution under which the sale was had, in pursuance of which the deed…
2Cases cited2 opinions
- Morgan v. . BuntingSupreme Court of North Carolina · 1882
- Lockhart v. . BellSupreme Court of North Carolina · 1882
3Cited by9 opinions
- Miller v. . MillerSupreme Court of North Carolina · 1883
- Lockhart v. . BellSupreme Court of North Carolina · 1884
- Charles S. Riley & Co. v. CarterSupreme Court of North Carolina · 1914
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- Shaffer v. . BledsoeSupreme Court of North Carolina · 1896
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