Shaffer v. Gaynor
Supreme Court of North Carolina
AotioN of trespass guare clausum fregit, commenced in March, 1886, and tried before JBoyhin, J., at February Term, 1895, of Beaufort Superior Court. The plaintiff alleged possession in himself of the lands described in the complaint and deduced title from John C. Blake, Trustee, to whom one S. C. Carrow had executed a deed in trust with power of sale.
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AotioN of trespass guare clausum fregit, commenced in March, 1886, and tried before JBoyhin, J., at February Term, 1895, of Beaufort Superior Court. The plaintiff alleged possession in himself of the lands described in the complaint and deduced title from John C. Blake, Trustee, to whom one S. C. Carrow had executed a deed in trust with power of sale. The lands had been bought by Carrow in 1872 at execution sale against Noah "W. Guilford issued on judgments rendered prior to 1868. The defendant asserted title to the land upon which ^he trespass was alleged to have been committed. In his…
1Opinion of the Court
Avery, J. :
In the discussion of the admissibility of evidence by reputation and of hearsay evidence, in Dobson v. Finkley, 8 Jones, 499, Chief Justice PeaksoN said: “It is settled law that both kinds of evidence are competent in questions of private boundary in this State. In the latter, to-wit, hearsay evidence, it is necessaary as a preliminary to its admissibilty to prove that the person whose statement it is proposed to offer in evidence, is dead ; not on the ground that the fact of his being dead gives any additional force to the credibility oí his statement, but on *20tbe ground that if he…
2Cases cited21 opinions
- Ruffin v. . OverbySupreme Court of North Carolina · 1890
- McLean v. . SmithSupreme Court of North Carolina · 1890
- Avent v. ArringtonSupreme Court of North Carolina · 1890
- Nelson v. . WhitfieldSupreme Court of North Carolina · 1880
- Long v. . WalkerSupreme Court of North Carolina · 1890
16 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Prevatt v. Harrelson.Supreme Court of North Carolina · 1903
- Hemphill v. Hemphill.Supreme Court of North Carolina · 1905
- Westfelt v. Adams.Supreme Court of North Carolina · 1902
- Hill v. . BeanSupreme Court of North Carolina · 1909
- Haddock v. . LearySupreme Court of North Carolina · 1908
49 more not listed; retrieve them via the Exa API.