Cowles v. . Hardin
Supreme Court of North Carolina
Ejectment, tried at Spring Term, 1883, of Wilkes Superior Court, before Graves, J. The plaintiff claimed that he was the owner of forty-five acres of land as described in the complaint, embraced in two grants, one for twenty-five and the other for twenty acres. And as to the twenty-five acre tract he alleged that it had been granted to one Holdsclaw, and by him conveyed to one Cousins, and from Cousins he proposed to show a regular chain of title to himself.
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Ejectment, tried at Spring Term, 1883, of Wilkes Superior Court, before Graves, J. The plaintiff claimed that he was the owner of forty-five acres of land as described in the complaint, embraced in two grants, one for twenty-five and the other for twenty acres. And as to the twenty-five acre tract he alleged that it had been granted to one Holdsclaw, and by him conveyed to one Cousins, and from Cousins he proposed to show a regular chain of title to himself. He also alleged that the de.ed from Holdsclaw to Cousins had been duly registered, and that the deed and the book in which it was…
1Opinion of the CourtAshe, J.
His Honor seems to have fallen into the error in holding, that the act. of 1873, passed for the purpose of restoring to the county of Watauga the records which were destroyed by fire, was a repeal of the common law rules for establishing lost deeds, such as had been destroyed by time or accident. We have no idea the legislature had any such intention in the enactment of that statute. Instead of repealing the common law in such cases, it was intended to be in aid of the common law, Bason v. Mining Co., 90 N. C., 417, so as to enable those, among others, whose evidences of title to real…
2Cases cited1 opinion
- Bason v. King's Mountain Mining Co.Supreme Court of North Carolina · 1884
3Cited by5 opinions
- Mobley v. . WattsSupreme Court of North Carolina · 1887
- Lackett v. RumbaughU.S. Circuit Court for the District of Western North Carolina · 1891
- Jones v. Ballou.Supreme Court of North Carolina · 1905
- Jennings v. . ReevesSupreme Court of North Carolina · 1888
- Baker v. . WebbSuperior Court of North Carolina · 1794