Clifton v. . Fort
Supreme Court of North Carolina
This was a civil actioN for the recovery of land, tried before Shepherd, Judge, at the Spring Term, 1887, of Wake .Superior Court.
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This was a civil actioN for the recovery of land, tried before Shepherd, Judge, at the Spring Term, 1887, of Wake .Superior Court. The material issue was: “Are the plaintiffs the owners and entitled to the posses•sion of the land in question.” • It was conceded that they were the heirs-at-law of one Azel J. Clifton, called John Clifton, who died in 1827, seized ■of a tract of land in Wake county, which included the land in controversy, and that he left surviving him his wife Mary Clifton, who continued to reside upon the land for •about a year after the death of her husband, when she, with…
1Opinion of the CourtDavis, J.
If the land in question was not allotted to Mary Clifton, widow of the ancestor of the plaintiff, they cannot recover; if it was so allotted, there could be no adverse possession as against the plaintiffs till the death of the widow, and as she died on the 29th day of Maj^, 1880, and this action was commenced on the 17th day of February, 1887, the question of the statute of limitations is not material.
1. We think the loss of the record was sufficiently shown by the testimony of the clerk, and that secondary evidence was admissible to supply the loss. The question raised by •the objection to…
2Cases cited1 opinion
- Nelson v. . WhitfieldSupreme Court of North Carolina · 1880
3Cited by8 opinions
- Bonds v. . SmithSupreme Court of North Carolina · 1890
- Alexander v. . GibbonSupreme Court of North Carolina · 1896
- Ellis v. . HarrisSupreme Court of North Carolina · 1890
- Koons v. BrysonCourt of Appeals for the Fourth Circuit · 1895
- Boyden v. . HagamanSupreme Court of North Carolina · 1915
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