Erwin v. . Bailey
Supreme Court of North Carolina
Civil action for interest in land, tried before Hoke, J., at March Term, 1898, of the Superior Court of Buncombe County. STATEMENT OF THE CASE. The land sued for was admitted to have belonged to Csesar Swinton, colored, who died before suit was> brought.
Read the full summary
Civil action for interest in land, tried before Hoke, J., at March Term, 1898, of the Superior Court of Buncombe County. STATEMENT OF THE CASE. The land sued for was admitted to have belonged to Csesar Swinton, colored, who died before suit was> brought. Caroline Erwin, the feme plaintiff claimed one third of the land as heir at law of Caesar Swinton, and defendants Hester Bailey and one other, two chil- • dren and heirs at law of Caesar Swinton, answered, claiming the entire interest in the land — alleging that Caroline was not the child of Swinton. Plaintiff offered depositions of Susan…
1Opinion of the Court
Fubches, J.:
The land in controversy is admitted to have belonged to Caesar Swinton at the time of his death and that it descended to his heirs at law. The defendant Bailey is admitted to be an heir of Caesar. It is also admitted that the other defendants, children of Regina, another daughter of Caesar, who married Jerry Richardson, are heirs of Caesar. But they deny that the plaintiff Caroline Erwin is a child and heir of Caesar.
It appeared from the evidence that Caesar and Catherine were slaves, the property. of Frank Johnston, before their emancipation in 1865 ; that said Johnston was a…
2Cases cited2 opinions
- Woodward v. . BlueSupreme Court of North Carolina · 1890
- State v. . WhitfordSupreme Court of North Carolina · 1882
3Cited by13 opinions
- Wilson v. WilsonCourt of Appeals of Kentucky · 1917
- BARR'S NEXT OF KIN v. Cherokee, Inc.Supreme Court of South Carolina · 1951
- Bowman v. HowardSupreme Court of North Carolina · 1921
- West v. . RedmondSupreme Court of North Carolina · 1916
- Bollinger v. BollingerCalifornia Supreme Court · 1908
8 more not listed; retrieve them via the Exa API.