Den Ex Dem. Sasser v. Herring
Supreme Court of North Carolina
Ejectment upon the several demises of Henry Sas-ser and John ICethly, tried before his Honor Judge Strange, at-Wayne, on the sprint; circuit of 1830. Before the jury was impanneled, the defendant produced and proved a disclaimer executed by the lessor ICethly, and moved the court to strike from the declaration the count upon his demise, which his Honor refused.
Read the full summary
Ejectment upon the several demises of Henry Sas-ser and John ICethly, tried before his Honor Judge Strange, at-Wayne, on the sprint; circuit of 1830. Before the jury was impanneled, the defendant produced and proved a disclaimer executed by the lessor ICethly, and moved the court to strike from the declaration the count upon his demise, which his Honor refused. Upon the trial, the will of one Richard ICethly was offered by the plaintiff, as a link in the title, upon that count of the declaration on the demise of John .ICethly. This was objected to by the defendant, because the probate was not…
1Opinion of the Court
Henderson, Chief-Justice.
We have in questions of boundary, given to the single declarations of a deceased individual, as to a line or corner, the weight of commori reputation, and permitted such declarations to be proven ; under the rule, that in questions of boundary, hearsay is evidence. Whether this is within the spirit and reason of the rule, it is now too late to inquire. It is the well established law in this state. And if the propriety of the rule was now fes integró* perhaps the necessity of the case, arising from the situation of our country, and the want of self-evident termini of…
2Cited by20 opinions
- Yow v. Hamilton.Supreme Court of North Carolina · 1904
- Hemphill v. Hemphill.Supreme Court of North Carolina · 1905
- Hill v. Dalton.Supreme Court of North Carolina · 1905
- Singleton v. . RoebuckSupreme Court of North Carolina · 1919
- Lamb v. . CopelandSupreme Court of North Carolina · 1912
15 more not listed; retrieve them via the Exa API.