Doe on Demise of Moffit v. Witherspoon
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Iredell County, at the Spring Term 1849, bis Honor Judge Erims presiding. This was an action of ejectment begun in 183S. The lessors of the plaintiff claimed title to the premises in question, as the heirs at law of Ann Donahoe, who according to the proof, died in 1832, unmarried and childless. • The plaintiff exhibited in evidence a grant from the State to the said Donahoe for the land in dispute, dated in' 1780, and countersigned by…
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Appeal from the Superior Court of Law of Iredell County, at the Spring Term 1849, bis Honor Judge Erims presiding. This was an action of ejectment begun in 183S. The lessors of the plaintiff claimed title to the premises in question, as the heirs at law of Ann Donahoe, who according to the proof, died in 1832, unmarried and childless. • The plaintiff exhibited in evidence a grant from the State to the said Donahoe for the land in dispute, dated in' 1780, and countersigned by John Shepherd, with the ad* dition pr. sec. The defendant objected to the reading of the grant, upon the ground, that…
1Opinion of the Court
This is an action of ejectment. The lessors of the plaintiff claim the land in controversy as the heirs at law of Ann Donahoe, and the defendant claims title under her also. It is, therefore, unnecessary to decide the question as to the sufficiency of the certificate upon the grant to her. Both parties are estopped to deny title in her. The declarations of Ann Donahoe were properly admitted to prove the pedigree of the lessors of the plaintiff. In such questions it is often impossible to prove the relationship of past generations by living witnesses, and resort must be had to declarations,…
2Cases cited1 opinion
- Armstrong v. . ShortSupreme Court of North Carolina · 1820
3Cited by20 opinions
- Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
- In Re Will of CravenSupreme Court of North Carolina · 1915
- In Re Will of RossSupreme Court of North Carolina · 1921
- Ridings v. RidingsCourt of Appeals of North Carolina · 1982
- Coody v. CoodySupreme Court of Oklahoma · 1913
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