Den on the Demise Ernull v. Whitford
Supreme Court of North Carolina
Action of ejectment, tried before his Honor, Judge Saunders, at the Spring Term, 1856, of Craven Superior Court. The plaintiff claimed title under John Hill, and offered the copy of a grant to Hill for one hundred acres, dated in 1748. He also offered in evidence, a copy of the record of certain proceedings had in the County Court of Craven, to correct an error in the third course of the patent, in which the father of the defendant, and under whom he claimed, was a party,…
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Action of ejectment, tried before his Honor, Judge Saunders, at the Spring Term, 1856, of Craven Superior Court. The plaintiff claimed title under John Hill, and offered the copy of a grant to Hill for one hundred acres, dated in 1748. He also offered in evidence, a copy of the record of certain proceedings had in the County Court of Craven, to correct an error in the third course of the patent, in which the father of the defendant, and under whom he claimed, was a party, the purpose of which proceeding was to correct an error, so as to run the third line of the patent North forty-five…
1Opinion of the CourtNash, C. J.
There is no error. In the course of the trial it became important to the lessor of the plaintiff to prove that he was the heir-at-law of John Hill, the patentee of the land in dispute. The deposition of John Burch, a very aged man, proved that John Hill died during the war of the Revolution; that he was well acquainted with Moses Ernull, the father of the lessor of the plaintiff, and heir-at-law, and that he was related to the Ernulls. The defendant contended that there, was no evidence of the death of John Hill without children, or that the lessor of the plaintiff was his heir-at-law. His…
2Cited by2 opinions
- V. . BeattySuperior Court of North Carolina · 1796
- Person v. . RoundtreeSuperior Court of North Carolina · 1789