Margaret McLennan v. R. C. Chisholm.
Supreme Court of North Carolina
This was an aotion of ejectment tried before His Honor, Judge Buxton, at Fall Term 1871, of Montgomery Court. The question in the Court below was, whether a tract of land known as the McLeod tract, of 100 acres, passed to the plaintiff under the words “my plantation” contained in the first clause of her husband’s will. Testimony was introduced by the plaintiff to show that the land in controversy, adjoined the lands on which the testator lived or was contiguous thereto.
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This was an aotion of ejectment tried before His Honor, Judge Buxton, at Fall Term 1871, of Montgomery Court. The question in the Court below was, whether a tract of land known as the McLeod tract, of 100 acres, passed to the plaintiff under the words “my plantation” contained in the first clause of her husband’s will. Testimony was introduced by the plaintiff to show that the land in controversy, adjoined the lands on which the testator lived or was contiguous thereto. Testimony tending to prove the contrary was introduced by the defendant. His Honor charged the jury, that if the home tract…
1Opinion of the CourtBoydeN, J.
The only question made in this case, is, as to the charge of His Honor.
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His Honor instructed the jury, that if the Alexander Me-Leod tract of land, being the land in dispute either adjoined the plantation of the testator, or lay contiguous thereto, the plaintiff was entitled to recover. In this charge, we think that if there was any error, it was certainly not to the prejudice of the plaintiff.
It will be remembered, that there was no evidence, offered on the part of the plaintiff, that the tract of land in controversy had been used by the testator as a part of his plantation. But the…
2Cited by5 opinions
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- Ingersoll v. IngersollNew Jersey Court of Chancery · 1882