Mobley v. . Watts
Supreme Court of North Carolina
This is a civil action to recover damages for trespass on land, and was tried before Merrimon, Judge, at Spring Term, 1887, of Martin Superior Court. It was admitted that the locus in quo was owned in fee by Otis Andrews at the time of his death, and descended to his children.
Read the full summary
This is a civil action to recover damages for trespass on land, and was tried before Merrimon, Judge, at Spring Term, 1887, of Martin Superior Court. It was admitted that the locus in quo was owned in fee by Otis Andrews at the time of his death, and descended to his children. The plaintiff claims title through a partition among the heirs-at-law of said Andrews, and successive conveyances to himself of a share allotted to one of said heirs, and put in evidence a deed from said heir to John L. Mobley, and a deed from said John L. to himself. This deed, after a general description of the lands…
1Opinion of the Court
Davis, J.,
(after stating the case). The record having once existed, and having been destroyed by fire, the question presented is, can secondary evidence be admitted to prove facts of which the lost or destroyed record furnished the primary .and best evidence ?
The defendant insists that it cannot, and that the loss can only be supplied and the evidence made available by the mode prescribed in Hie Code, §55 ei seq., for the restoration of “ burnt and lost records,” and for this numerous authorities are cited, which we have examined with care, and the more so because of the confidence and…
2Cases cited9 opinions
- Nelson v. . WhitfieldSupreme Court of North Carolina · 1880
- Foster v. . WoodfinSupreme Court of North Carolina · 1871
- Graham v. . TateSupreme Court of North Carolina · 1877
- Kershner v. Kershner's LesseeCourt of Appeals of Maryland · 1872
- Cowles v. . HardinSupreme Court of North Carolina · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Bonds v. . SmithSupreme Court of North Carolina · 1890
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Hayes v. RailroadSupreme Court of North Carolina · 1905
- Asbury v. . FairSupreme Court of North Carolina · 1892
- Nowell v. . BasnightSupreme Court of North Carolina · 1923
23 more not listed; retrieve them via the Exa API.