Bernhardt v. Brown
Supreme Court of North Carolina
Civil actios to recover land tried at June, 1891, Special Term of Burke Superior Court before Robinson, J., and a jury. There was a verdict for the plaintiff and defendants appealed from the judgment thereon. The facts necessary to an understanding of the opinion sufficiently appear therein.
1Opinion of the Court
Clark, J.:
Upon the complaint and answer it appears that both sides claim under the “North Carolina Estate Company, Limited”. The 8th prayer for instruction by the defendants is that, ordinarily, when it is shown that both parties hold through a title from a common source it is not necessary to go beyond the common title, unless a superior title be shown by one of the parties with which he connects himself by a chain of title, but in this case the title of the defendants derived from the common source having been adjudged void (upon the former appeal ¡.in this case), the defendants are not…
2Cases cited28 opinions
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- Duke v. . MarkhamSupreme Court of North Carolina · 1890
- Quinnerly v. . QuinnerlySupreme Court of North Carolina · 1894
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Ruffin v. . OverbySupreme Court of North Carolina · 1890
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3Cited by13 opinions
- Martin v. . KnightSupreme Court of North Carolina · 1908
- Belk Ex Rel. Belk v. BelkSupreme Court of North Carolina · 1917
- Trust Co. v. . CurrieSupreme Court of North Carolina · 1925
- Taylor v. JohnstonSupreme Court of North Carolina · 1976
- Charles S. Riley & Co. v. CarterSupreme Court of North Carolina · 1914
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