Legal Opinion

Edwards v. . Tipton

Supreme Court of North Carolina

Decided June 5, 1877PublishedCited by 9 opinions

Civil AotioN for the Possession of Land, tried at Spring Term, 1877, of Mitchell Superior Court, before Furches, J. The plaintiffs, for the purpose of establishing their title, introduced a deed from one Brown to William Edwards, dated the 15th of August, 1833, and a deed from said Edwards to Lavina Edwards, the feme plaintiff, dated the 24th of January, 1861, and then offered other testimony tending to show adverse possession for more than twenty-one years.

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Civil AotioN for the Possession of Land, tried at Spring Term, 1877, of Mitchell Superior Court, before Furches, J. The plaintiffs, for the purpose of establishing their title, introduced a deed from one Brown to William Edwards, dated the 15th of August, 1833, and a deed from said Edwards to Lavina Edwards, the feme plaintiff, dated the 24th of January, 1861, and then offered other testimony tending to show adverse possession for more than twenty-one years. The defendants claimed as heirs at law of one Hughes, who had bought the land in controversy of one Elemming, now deceased. Hughes took…

1Opinion of the CourtRodman, J.

The Revised Code ch. 37, § 30, (Bat. Rev. ch. 85, § 27,) enacts, that when any Sheriff or Coroner sells land and goes out of office, or dies, &c., before making a conveyance therefor, his successor in office shall execute the conveyance, and such conveyances shall be as valid as if* made by the officer who made the sale.

Of course the successor can make a deed for only what his-predecessor sold, and not for any thing he did not sell. He can never have an official, and seldom a personal knowledge of what it was that his predecessor did sell, and he must necessarily obtain his information on…

2Cases cited1 opinion

  1. B. M. Isler v. . John S. AndrewsSupreme Court of North Carolina · 1872

3Cited by9 opinions

  1. Rollins v. . HenrySupreme Court of North Carolina · 1878
  2. R. R. v. . ReidSupreme Court of North Carolina · 1924
  3. Lake Drainage Commissioners v. SpencerSupreme Court of North Carolina · 1917
  4. Curlee v. . SmithSupreme Court of North Carolina · 1884
  5. Walters v. . MooreSupreme Court of North Carolina · 1884

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