Legal Opinion

Hill v. . Lane

Supreme Court of North Carolina

Decided December 2, 1908PublishedCited by 3 opinions

ActioN tried before 17. B. Al}en, J., and a jury, May Term, 1908, of Gheene. This action was brought for the recovery of a part of a tract of land, known as Lot No. 1 in the division of the land of ITenry Edwards, deceased.

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ActioN tried before 17. B. Al}en, J., and a jury, May Term, 1908, of Gheene. This action was brought for the recovery of a part of a tract of land, known as Lot No. 1 in the division of the land of ITenry Edwards, deceased. The plaintiffs introduced in evidence the report of the commissioners to divide said land, by which it appears that Lot No. 1, including the land in controversy, was allotted to Richard Edwards, the father of Susan Beaman-. The plaintiffs are the heirs-at-law of Susan Beaman. At the end of the report of the commissioners is the following entry: “North Carolina — Greene…

1Opinion of the Court

WalKee,, J.,

after stating the case: The Court below properly admitted in evidence the report of the commissioners as color of title. Tliis was not ail attempt to restore a burnt or lost record, but tbe report of the commissioners was a part of the original record in the cause. It was itself an original paper and it was not necessary to resort to parol or other evidence, such as a certified copy extant, to prove the contents of the original, as would be required in the case of a lost or burnt record. "When the Clerk was satisfied that the record was an original paper belonging to his" office…

2Cases cited4 opinions

  1. Lindsay v. Beaman.Supreme Court of North Carolina · 1901
  2. Bynum v. . ThompsonSupreme Court of North Carolina · 1843
  3. Smith v. Tew.Supreme Court of North Carolina · 1900
  4. Harris v. M'Rae's Adm'rsSupreme Court of North Carolina · 1843

3Cited by3 opinions

  1. Burns v. . StewartSupreme Court of North Carolina · 1913
  2. Abeyounis v. Town of Wrightsville BeachCourt of Appeals of North Carolina · 1991
  3. State v. BeckSupreme Court of North Carolina · 2005

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