Lamb v. . Copeland
Supreme Court of North Carolina
Appeal from Gline, J., at Fall Term, 1911, of OhowaN. Civil action, trespass qua/re clausum, etc. Plaintiff alleged ownership of the Caleb Winslow farm, and as a part of bis proof offered in evidence a deed from Miles Perry to Caleb Winslow bearing date in 1798, a line of mesne conveyances of said farm to plaintiff.
Read the full summary
Appeal from Gline, J., at Fall Term, 1911, of OhowaN. Civil action, trespass qua/re clausum, etc. Plaintiff alleged ownership of the Caleb Winslow farm, and as a part of bis proof offered in evidence a deed from Miles Perry to Caleb Winslow bearing date in 1798, a line of mesne conveyances of said farm to plaintiff. Plaintiff offered evidence further tending to show that the deed of Miles Perry covered the land in controversy, and that defendants through their agents had wrongfully cut some juniper timber on said land. Defendant, admitting ownership of the Winslow farm by plaintiff and the…
1Opinion of the CourtHoke, J.
In presenting his evidence, a witness testifying for plaintiff said that in 1897 he made a survey of the Winslow farm and began at a pine stump which by common reputation was a corner of the Caleb Winslow land. On objection, the court excluded this testimony as to common reputation on the ground that the “same was not ancient,” and plaintiff excepted. We are of opinion that his Honor made the correct ruling.
It is well established with us that under certain restrictions evidence of this character will be received on questions of private boundary. Its admission is based on the principle of…
2Cases cited11 opinions
- Shutte v. ThompsonSupreme Court of the United States · 1873
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- Yow v. Hamilton.Supreme Court of North Carolina · 1904
- Hemphill v. Hemphill.Supreme Court of North Carolina · 1905
- Westfelt v. Adams.Supreme Court of North Carolina · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- McKay v. . BullardSupreme Court of North Carolina · 1941
- Sullivan v. . BlountSupreme Court of North Carolina · 1914
- Case v. EricsonIdaho Supreme Court · 1927
- Ricks v. . WoodwardSupreme Court of North Carolina · 1912
- Tripp v. . LittleSupreme Court of North Carolina · 1923
9 more not listed; retrieve them via the Exa API.