Den Ex Dem. Green v. Harman
Supreme Court of North Carolina
Ejectment tried on the last circuit at Lincoln, before Seaweed, Judge. The lessor of the plaintiff was not in possession and to locate his grant the plaintiff offered declaration, of one Moan who was dead, which were not objected to by the defendant, and were received by the Judge. The plaintiff did not claim under Sloan. The plaintiff having made out a prima fade case, the defendant offered to ^ prove a possession under color of title for more than sev-ven years.
Read the full summary
Ejectment tried on the last circuit at Lincoln, before Seaweed, Judge. The lessor of the plaintiff was not in possession and to locate his grant the plaintiff offered declaration, of one Moan who was dead, which were not objected to by the defendant, and were received by the Judge. The plaintiff did not claim under Sloan. The plaintiff having made out a prima fade case, the defendant offered to ^ prove a possession under color of title for more than sev-ven years. The premises in dispute are represented in the diagram by the lines AB CD. The defendant established title to the lands…
1Opinion of the Court
Rueein, Chief-Justice.
It is contended on the part of the defendant, that the evidence of the declarations of Sloan were incompetent; and upon that ground that the judgment ought to be reversed. The objection was not made in the Superior Court; and this court has not the means of knowing under what circumstances the evidence was received. It might have been by consent. The court is of opinion that it cannot be made here; and for that reason overrules it, without deciding on the validity of the reasons urged in support of it.
The court likewise concurs in the opinion of the judge who tried the…
2Cited by14 opinions
- Currie v. . GilchristSupreme Court of North Carolina · 1908
- Vance v. . GuySupreme Court of North Carolina · 1943
- Gibson v. DudleySupreme Court of North Carolina · 1951
- Whitten v. PeaceSupreme Court of North Carolina · 1924
- Vanderbilt v. ChapmanSupreme Court of North Carolina · 1917
9 more not listed; retrieve them via the Exa API.