Pate v. . Turner
Supreme Court of North Carolina
Civil ACTION tried before Oudger, Judge, at Pall Term, 1884, of NORTHAMPTON Superior Court. The suit was begun on October 31,1870, and is for the recovery of the tract of land described in the complaint, which formerly belonged to one Burnell Pate. He died in 1861, leaving a widow and two children who are the parties litigant in the action.
Read the full summary
Civil ACTION tried before Oudger, Judge, at Pall Term, 1884, of NORTHAMPTON Superior Court. The suit was begun on October 31,1870, and is for the recovery of the tract of land described in the complaint, which formerly belonged to one Burnell Pate. He died in 1861, leaving a widow and two children who are the parties litigant in the action. In deducing title, the plaintiff, who administered on the estate of his intestate father, offered in evidence the record of proceedings instituted by himself for license to sell the descended lands, and convert them into assets, under and in pursuance of…
1Opinion of the CourtSmith, C. J.
(after stating the facts). We find no error in these rulings.' The two material questions of fact in reference to the original renting, and the attempt to change the tenancy, and continue the defendant’s possession, were for the jury to pass .on, and were properly left to them. The transaction of Gray was with the plaintiff apparently acting for himself, and his mother’s name was not mentioned in the transaction. So, the rent was in like manner paid to him, as if he were entitled to it. This was certainly some evidence of his personal relation to the contract, and its weight has been passed…
2Cases cited2 opinions
- E. C. Turner v. . G. A. LoweSupreme Court of North Carolina · 1872
- Davis v. . DavisSupreme Court of North Carolina · 1880
3Cited by8 opinions
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Bonds v. . SmithSupreme Court of North Carolina · 1890
- Springs v. SchenckSupreme Court of North Carolina · 1888
- Springs v. . SchenckSupreme Court of North Carolina · 1888
- Benton v. . BentonSupreme Court of North Carolina · 1886
3 more not listed; retrieve them via the Exa API.