Sandlin v. Weaver

Plaintiffs contend that the two instruments, the deed and the contract, bearing date of 28 May, 1923, were executed at the same time. Defendants contend otherwise. “The date recited in a deed or other writing is at least prima facie evidence that the instrument was executed and delivered on such date.” Stansbury on Evidence, sec. 229; Turlington v. Neighbors, 222 N.C. 694, 24 S.E. 2d 648; Fortune v. Hunt, 149 N.C. 358, 63 S.E. 82; Kendrick v. Dellinger, 117 N.C. 491, 23 S.E. 438.

On motion for judgment of nonsuit, we consider and construe the two instruments together as parts of one…