Doe on Demise of Tate's Heirs v. Southard
Supreme Court of North Carolina
1 From Burke.* Ejectment. — The lessor of the Plaintiff claimed the land in dispute, by virtue of a grant from the State, bearing date 11th of October, 1814. The Defendant claimed under a Sheriff’s saie, made to one Greenlee, and gave in evidence a copy of a record from Burke County Court, shewing that an attachment had been sued out in January, 1784, at the instance of James Greenlee, against one Richardson, returnable to January sessions, 1784, with this return : “attached…
Read the full summary
1 From Burke.* Ejectment. — The lessor of the Plaintiff claimed the land in dispute, by virtue of a grant from the State, bearing date 11th of October, 1814. The Defendant claimed under a Sheriff’s saie, made to one Greenlee, and gave in evidence a copy of a record from Burke County Court, shewing that an attachment had been sued out in January, 1784, at the instance of James Greenlee, against one Richardson, returnable to January sessions, 1784, with this return : “attached one piece of land that Richardson bought of Kennedy.” At April sessions there was a \erdictfor the Plaintiff, and a…
1Opinion of the Court
Henderson, Judge.
Colour of title, as applicable to the present subject, is evidently the production of our own country. I will not, therefore, go abroad for an explanation; the name, I presume, was taken from what is called giving colour in pleading, which is never used in this State, and not often, I believe, in England. The word is not to be found in the act of 1715; it is first used in our act of 1791. Giving colour in pleading, is giving to your adversary a title which is defective, hut not so obviously so, that it would be apparent to one not skilled in the law, it must be such as would…
2Cited by28 opinions
- Philbin v. CarrIndiana Court of Appeals · 1920
- Dorman v. GoodmanSupreme Court of North Carolina · 1938
- Dorman v. . GoodmanSupreme Court of North Carolina · 1938
- Burns v. . StewartSupreme Court of North Carolina · 1913
- Glass v. Lynchburg Shoe Co.Supreme Court of North Carolina · 1937
23 more not listed; retrieve them via the Exa API.