McMillan v. . Williams
Supreme Court of North Carolina
Civil actioN for the possession of land, tried at September Term, 1891, of PIakNktt Superior Court, before Boykin, J. The plaintiff relied upon a Sheriff’s deed for the land in dispute, and offered the record of a civil action before a .Justice of the Peace in which the judgment was obtained, which was afterwards docketed in the Superior Court, and with it the execution issued thereon, levy and sale by virtue of which the Sheriff executed the deed.
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Civil actioN for the possession of land, tried at September Term, 1891, of PIakNktt Superior Court, before Boykin, J. The plaintiff relied upon a Sheriff’s deed for the land in dispute, and offered the record of a civil action before a .Justice of the Peace in which the judgment was obtained, which was afterwards docketed in the Superior Court, and with it the execution issued thereon, levy and sale by virtue of which the Sheriff executed the deed. The claim declared upon before the Juslice of the Peace was as follows: “ For labor done in November, December and January, in the years 1887 and…
1Opinion of the Court
Avery, J.:
The record of a judgment, execution, levy and sale of a tract of land, as the property of a defendant in an action for possession, the Sheriff’s deed to the plaintiff, or to one with whom the plaintiff connecs himself by mesne conveyances, together with evidence or admission of the identity of the land conveyed by Ihe Sheriff with that declared for in the complaint, and of the actual possession of some portion of said land by the defendant, when the action was brought, will, nothing more appearing, constitute a 'prima facie proof of title in the plaintiff. Mobley v. Griffin, 104 N.…
2Cases cited5 opinions
- Long v. . WalkerSupreme Court of North Carolina · 1890
- Burns & Smucker v. Harris & AllenSupreme Court of North Carolina · 1872
- State Ex Rel. Scott & Burton v. KenanSupreme Court of North Carolina · 1886
- McCracken v. . AdlerSupreme Court of North Carolina · 1887
- Stout v. . McNeillSupreme Court of North Carolina · 1887
3Cited by5 opinions
- National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952
- Miller v. Lemon Tree Inn of Roanoke Rapids, Inc.Court of Appeals of North Carolina · 1977
- Smith v. Clerk of Superior CourtCourt of Appeals of North Carolina · 1969
- In re GrimesDistrict Court, W.D. North Carolina · 1899
- Boyle v. . RobbinsSupreme Court of North Carolina · 1874