Den Ex Dem. Dancy v. Sugg
Supreme Court of North Carolina
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
- Yow v. Hamilton.Supreme Court of North Carolina · 1904
- Hagaman v. . BernhardtSupreme Court of North Carolina · 1913
- Cutler v. . BlackmanSupreme Court of North Carolina · 1816
- Smith v. . WalkerSupreme Court of North Carolina · 1814
- Harris v. . PowellSuperior Court of North Carolina · 1805