Howell v. . Ray
Supreme Court of North Carolina
Civil ACTION for the recovery of land, tried before Shipp, Judge, and a jury at Spring Term, 1884, of Watauga Superior Court. The facts sufficiently appear in the opinion as to the first exception. The third exception was as follows : His Honor told the jury that a person might acquire a title to land by a possession up to known and visible boundaries for thirty years without color of title, or by a possession of twenty-one years under color of title.
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Civil ACTION for the recovery of land, tried before Shipp, Judge, and a jury at Spring Term, 1884, of Watauga Superior Court. The facts sufficiently appear in the opinion as to the first exception. The third exception was as follows : His Honor told the jury that a person might acquire a title to land by a possession up to known and visible boundaries for thirty years without color of title, or by a possession of twenty-one years under color of title. The defendant complains that His Honor did not explain to the jury what known and visible boundaries were in law. There was no question made as…
1Opinion of the CourtSmith, C. J.
In deducing title to the land claimed in the action, the plaintiff introduces a deed dated some time in 1825, purporting to have been executed therefor by Thomas Calloway to Francis Brown and attested by a single witness, Hubert Brown. Tire deed had been proved in the county court of Ashe, and registered upon the examination and oath of one George Brown, who swore that he was well acquainted with the hand-writing of the maker, and that the signature was his. The admission of the instrument in evidence was opposed by the defendant upon the sole ground that the hand-writing of the attesting…
2Cases cited3 opinions
- Davis v. . HigginsSupreme Court of North Carolina · 1884
- Starke v. . EtheridgeSupreme Court of North Carolina · 1874
- Love's Executors v. . HarbinSupreme Court of North Carolina · 1882
3Cited by10 opinions
- Devereux v. . McMahonSupreme Court of North Carolina · 1891
- McClure v. . CrowSupreme Court of North Carolina · 1929
- Morris v. MorrisSupreme Court of North Carolina · 1956
- Southerland v. . HunterSupreme Court of North Carolina · 1885
- Cochran v. Linville Improvement Co.Supreme Court of North Carolina · 1900
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