Eames v. Armstrong.
Supreme Court of North Carolina
AotioN by Richard Eames, Jr., against C. A. Armstrong and others, heard by Judge M. E. Justice and a jury, at the June (Special) Term, 1906, of the Superior Court of Rowan. Plaintiff alleges that on 7 May, 1903, defendants executed a deed conveying to him two tracts or parcels of land; one containing 356 acres, the description of which is set forth by metes and bounds; the other, known as the “Coggins MeetingHouse” lot, described by proper calls, containing three acres.
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AotioN by Richard Eames, Jr., against C. A. Armstrong and others, heard by Judge M. E. Justice and a jury, at the June (Special) Term, 1906, of the Superior Court of Rowan. Plaintiff alleges that on 7 May, 1903, defendants executed a deed conveying to him two tracts or parcels of land; one containing 356 acres, the description of which is set forth by metes and bounds; the other, known as the “Coggins MeetingHouse” lot, described by proper calls, containing three acres. A copy of the deed is attached to and made a part of the complaint. That the deed contained a covenant in the following…
1Opinion of the Court
CoNNOR, J.,
after stating the case: The record in this case presents several interesting questions of practice. The learned counsel for plaintiff insisted and cited authorities which sustain his position that, upon showing his deed with covenant of seizin, he was entitled to judgment. That the burden of showing that there had been no breach of the covenant was cast upon the defendants. That by reason of the familiar rule of practice, when one has peculiar opportunity of knowing, and is in possession of the evidence showing how the fact in issue is, he will be called upon to do so, although it…
2Cases cited9 opinions
- Price v. . DealSupreme Court of North Carolina · 1884
- Woolley v. . NewcombeNew York Court of Appeals · 1882
- Ingalls v. EatonMichigan Supreme Court · 1872
- Farmers' Bank v. GlennSupreme Court of North Carolina · 1873
- Markland Adm. v. . CrumpSupreme Court of North Carolina · 1834
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Newbern v. . HintonSupreme Court of North Carolina · 1925
- Eames v. ArmstrongSupreme Court of North Carolina · 1907
- Royster v. HancockSupreme Court of North Carolina · 1952
- Cherry v. Roanoke Tobacco Warehouse Co.Supreme Court of North Carolina · 1953
- Ingram v. CorbitSupreme Court of North Carolina · 1919
6 more not listed; retrieve them via the Exa API.