Legal Opinion

McNeely v. . Laxton

Supreme Court of North Carolina

Decided December 16, 1908PublishedCited by 3 opinions

AcxiON tried before Peebles, J., and a jury, August Term, 1901, of BueKe. r This action was brought to recover the possession of -one thousand acres of land, and damages for the detention. The real controversy is as to the true location of the land described in a grant to Jacob Anthony. This grant was intro duped by the plaintiffs to show title out of the State, and they claimed that by virtue of a deed of Margaret Erwin to their ancestor, II.

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AcxiON tried before Peebles, J., and a jury, August Term, 1901, of BueKe. r This action was brought to recover the possession of -one thousand acres of land, and damages for the detention. The real controversy is as to the true location of the land described in a grant to Jacob Anthony. This grant was intro duped by the plaintiffs to show title out of the State, and they claimed that by virtue of a deed of Margaret Erwin to their ancestor, II. C. Tate, and seven years’ adverse possession, they had acquired title to the land covered by the Anthony grant and the said deed. It is sufficient to…

1Opinion of the Court

Walker, J.,

after stating the ease: The plaintiffs, for the purpose of establishing the boundaries of the land claimed by them, introduced as a witness J. T. Perkins, who testified that there is a forked branch on the land of H. C. Taté (under whom plaintiffs claim), and that he had heard the upper prong called “Shingle Branch.” The defendants objected to this testimony but it was admitted. One of the calls in the grant to Anthony and in the deed of Margaret Erwin to H. 0. Tate was for Shingle Branch. What the witness said was some evidence of the true name of the branch. In Willis v. Quinby,…

2Cases cited9 opinions

  1. Redmond v. . SteppSupreme Court of North Carolina · 1888
  2. Den Ex Dem. Harry v. GrahamSupreme Court of North Carolina · 1834
  3. Redmond v. . MullenaxSupreme Court of North Carolina · 1893
  4. Waters v. . CrabtreeSupreme Court of North Carolina · 1890
  5. Doe on Demise of Cooper v. WhiteSupreme Court of North Carolina · 1854

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Batson v. BellSupreme Court of North Carolina · 1959
  2. Pennell v. Lester BrookshireSupreme Court of North Carolina · 1927
  3. Stewart v. . McCormickSupreme Court of North Carolina · 1913

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