Curlee v. . Smith
Supreme Court of North Carolina
EjectmeNt, tried at August Special term, 1884, of Union Superior Court, before MacRae, J. The plaintiff offered in evidence: 1. A copy of the will of Bryan Austin,'dated August 11, 1842, and admitted to probate in the county of Stanly, where the testator resided at the time of his death, devising the “Mill tract” of land, situate in Union county, to his widow, Tempy Austin, during the minority of his two sons, John W. and Calvin, and as each of them came of age, then…
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EjectmeNt, tried at August Special term, 1884, of Union Superior Court, before MacRae, J. The plaintiff offered in evidence: 1. A copy of the will of Bryan Austin,'dated August 11, 1842, and admitted to probate in the county of Stanly, where the testator resided at the time of his death, devising the “Mill tract” of land, situate in Union county, to his widow, Tempy Austin, during the minority of his two sons, John W. and Calvin, and as each of them came of age, then one-half of said tract to go to him. 2. A copy of the will of John W. Austin, dated March 18, 1848, devising his Interest in…
1Opinion of the CourtAshe, J.
The errors assigned by the defendant for a new-trial were, the admission in evidence of the deed of the sheriff under its recitals, to prove the sale and the execu tion under which it was made; the entries on the execution and minute docket of the county court of Union county; the declarations of the defendant; the instructions given by His Honor to the jury, and his refusal to give those asked by the defendant.
AVe think the sheriff’s deed was competent for the purpose for which it was introduced ; and as incident thereto, so were the entries on the execution and minute docket of the county…
2Cases cited2 opinions
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- Edwards v. . TiptonSupreme Court of North Carolina · 1877
3Cited by9 opinions
- Wallace v. BellamySupreme Court of North Carolina · 1930
- Wallace v. . BellamySupreme Court of North Carolina · 1930
- Jones v. . SchullSupreme Court of North Carolina · 1910
- Wainwright v. Bobbitt.Supreme Court of North Carolina · 1900
- Mfg. Co. v. . BrooksSupreme Court of North Carolina · 1890
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