Legal Opinion

Moody v. . Johnson

Supreme Court of North Carolina

Decided February 5, 1893PublishedCited by 10 opinions

Civil actiok to recover land, tried before Hoke, J., at Spring Term, 1892, of Madisok Superior Court. The plaintiff Reeves claimed title to an undivided one-lialf of the land under the will of Alexander Williams, and upon offering a certified copy thereof from the County Court of Greene of the State of Tennessee his Honor intimated that lie would hold it inadmissible in evidence, and the plaintiff Reeves thereupon suffered a nonsuit and appealed.

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Civil actiok to recover land, tried before Hoke, J., at Spring Term, 1892, of Madisok Superior Court. The plaintiff Reeves claimed title to an undivided one-lialf of the land under the will of Alexander Williams, and upon offering a certified copy thereof from the County Court of Greene of the State of Tennessee his Honor intimated that lie would hold it inadmissible in evidence, and the plaintiff Reeves thereupon suffered a nonsuit and appealed. The order of probate, claimed to be defective, is set out in the opinion of Associate Justice A very. ■

1Opinion of the Court

Avery, J.:

The plaintiff M. P. Reeves, who claimed one undivided half of the land in controversy, throu'gli the will of Alexander Williams, of Tennessee, has joined the heirs at law of Moody, as alleged co-tenants, holding the other undivided half, in bringing this action against the defendant, who offered a tax deed as color of title, and also testimony tending to show continuous adverse possession for twenty years before the action was brought. In deference to an intimation that the Court would hold the certified copy of said will incompetent as evidence to show the transmission of title to…

2Cases cited2 opinions

  1. Jenkins v. . JenkinsSupreme Court of North Carolina · 1887
  2. In Re ThomasSupreme Court of North Carolina · 1892

3Cited by10 opinions

  1. Newman v. Virginia, T. & C. Steel & Iron Co.Court of Appeals for the Fourth Circuit · 1897
  2. Bank v. Carr.Supreme Court of North Carolina · 1902
  3. Roberts v. PrattSupreme Court of North Carolina · 1910
  4. Roberts v. . PrattSupreme Court of North Carolina · 1910
  5. Raleigh & Western Railway Co. v. Glendon & Gulf Mining & Manufacturing Co.Supreme Court of North Carolina · 1893

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