Legal Opinion

Den Ex Dem. Dancy v. Sugg

Supreme Court of North Carolina

Decided December 5, 1837PublishedCited by 5 opinions

Ejectment, tried at Edgecombe, on the last Circuit, before his Honor Judge Nash. On the trial, the only question was, whether a certain line of the defendant’s land should run from an admitted point, north 85° east, or south 85° east.

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Ejectment, tried at Edgecombe, on the last Circuit, before his Honor Judge Nash. On the trial, the only question was, whether a certain line of the defendant’s land should run from an admitted point, north 85° east, or south 85° east. The defendant’s deeds called for the latter course ; and it was admitted that he, and those under whom he claimed, had had possession up to the line so run, for forty years ; but between that and a line run north 85° east, he, and those from whom he derived title, never had actual possession. The defendant alleged that there had been a mistake in drawing the…

1Opinion of the Court

Ruffin, Chief Justice.

The hearsay from the two deceased persons, being post litem motam, was inadmissible evidence.

The claim of a line different from that of the deeds under which the claimants derived title, is likewise incompetent for either of the purposes for which it was offered. A claim merely, without possession, is nothing more than the declaration of the party himself. It cannot found the presumption of a grant for the land beyond the lines described in the deed ; for there can be no such presumption, where there is no possession. Nor in like circumstances does such a claim, or…

2Cited by5 opinions

  1. Yow v. Hamilton.Supreme Court of North Carolina · 1904
  2. Hagaman v. . BernhardtSupreme Court of North Carolina · 1913
  3. Cutler v. . BlackmanSupreme Court of North Carolina · 1816
  4. Smith v. . WalkerSupreme Court of North Carolina · 1814
  5. Harris v. . PowellSuperior Court of North Carolina · 1805

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