Legal Opinion

Devereux v. . McMahon

Supreme Court of North Carolina

Decided February 5, 1891PublishedCited by 28 opinions

This was a civil actioN, brought for the recovery of possession of land, and' tried at September Term, 1890, of the Superior Court of Halifax County, Armfidd, J., presiding. The plaintiff was introduced as a witness and testified that the land was worth $40 or $50 a year.

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This was a civil actioN, brought for the recovery of possession of land, and' tried at September Term, 1890, of the Superior Court of Halifax County, Armfidd, J., presiding. The plaintiff was introduced as a witness and testified that the land was worth $40 or $50 a year. On cross-examination he testified that Thomas Alexander was carried by him from his home in Halifax County to the plaintiff’s home in Nash County, in order that he might take better care of him; “ Tom wanted to go; he died about a week afterwards; he signed the deed about 12 o’clock in the day and died about the same hour…

1Opinion of the CourtAvery, J.

after stating the facts: It is provided by statute (The Code, § 1251), that “ the registry or a duly certified copy of the record of any deed, &c., may be given in evidence in any Court, and shall be held to be full and sufficient evidence of such deed, <&c., although the party offering the same shall be entitled to the possession of the original, and shall not account for the non-production thereof, unless, upon a rule or order of the Court suggesting some material variance from the original in such registry, or other sufficient ground, such party shall have been previously required to…

2Cases cited9 opinions

  1. School Committee v. . KeslerSupreme Court of North Carolina · 1872
  2. Davis v. . InscoeSupreme Court of North Carolina · 1881
  3. State v. . ByrdSupreme Court of North Carolina · 1885
  4. Tatom v. . WhiteSupreme Court of North Carolina · 1886
  5. Davis v. . HigginsSupreme Court of North Carolina · 1884

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3Cited by28 opinions

  1. Horton v. MurdenSupreme Court of Georgia · 1903
  2. Alexander v. . JohnstonSupreme Court of North Carolina · 1916
  3. Burriss v. . StarrSupreme Court of North Carolina · 1914
  4. Ratliff v. Ratliff.Supreme Court of North Carolina · 1902
  5. State v. . AbernethySupreme Court of North Carolina · 1925

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

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