Legal Opinion

Kendrick v. Dellinger

Supreme Court of North Carolina

Decided September 15, 1895PublishedCited by 16 opinions

Civil actioN, for the recovery of land, tried before Tim-berlahe, J., and a jur) at Fall Term, 1895, of GastoN Superior Court. There was a verdict for the plaintiff and from the judgment thereon the defendants appealed.

1Opinion of the Court

Avert, J.:

The assignments of error are so restricted as to preclude us from the consideration of most of the points made by defendant’s counsel in his clear and well-considered argument. The defendant does assign as error *493however, the refusal of the court to instruct the jury that in any aspect of the testimony the plaintiff has failed to show even prima facie evidence of title in himself, when the action was brought, and that they should therefore respond to the issue in the negative.

A deed is presumed to have been delivered at the time it bears date unless the contrary is satisfactorily…

2Cases cited5 opinions

  1. McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
  2. Helms v. . GreenSupreme Court of North Carolina · 1890
  3. Coates Bros. v. . WilkesSupreme Court of North Carolina · 1885
  4. Meadows v. . CozartSupreme Court of North Carolina · 1877
  5. Vaughan v. . ParkerSupreme Court of North Carolina · 1893

3Cited by16 opinions

  1. Simmons v. Davenport.Supreme Court of North Carolina · 1906
  2. State v. TilleySupreme Court of North Carolina · 1954
  3. State v. DavenportSupreme Court of North Carolina · 1911
  4. Burnett v. Wilmington, Newbern & Norfolk Railway Co.Supreme Court of North Carolina · 1897
  5. State v. . DavenportSupreme Court of North Carolina · 1911

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