Dobbins v. Dobbins.
Supreme Court of North Carolina
ActioN by David Dobbins and R. E. Stafford, Jr., by bis next friend, against Sarab Dobbins and others, beard by Judge W. B. Gouncill and a jury, at tbe February Term, 1906, of tbe Superior Court of Iredell. Proceeding for partition of land, wbicb was transferred from tbe clerk, upon tbe issue of sole seizin raised by tbe pleadings.
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ActioN by David Dobbins and R. E. Stafford, Jr., by bis next friend, against Sarab Dobbins and others, beard by Judge W. B. Gouncill and a jury, at tbe February Term, 1906, of tbe Superior Court of Iredell. Proceeding for partition of land, wbicb was transferred from tbe clerk, upon tbe issue of sole seizin raised by tbe pleadings. Tbe land, wbicb consisted of two tracts, tbe “Home” and “Holman” tracts, was originally owned by Milas Dobbins, who .died in 1863, leaving two sons, Alfred and Augustus Dobbins. Alfred died September 25, 1818, leaving three children by bis first marriage, George,…
1Opinion of the Court
Walker, J.,
after stating tbe case: When tbe plaintiffs bad rested, there was no evidence of any possession of tbe lands by tbe defendants. Tbe only testimony in regard to it came from tbe defendants’ witnesses, and the court could not properly give a peremptory instruction to find for 'the defendants, when tbe burden of proof bad shifted to them by tbe plaintiffs’ proof of title in Milas Dobbins and tbe descent from him to tbe plaintiffs and bis other heirs mentioned in the case. When there is a disputed fact depending for its proof upon tbe testimony of witnesses, the credibility of the…
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