Christman v. . Hilliard
Supreme Court of North Carolina
Appeal by plaintiffs from Peebles, J., at April Term, 1914, of JohN-STON. This action was brought under Eevisal, sec. 1589, to determine the adverse claim of defendants to certain land described in the pleadings as adjoining B. D. Hilliard and others and containing 27% acres and being part of a larger tract containing 100 acres.
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Appeal by plaintiffs from Peebles, J., at April Term, 1914, of JohN-STON. This action was brought under Eevisal, sec. 1589, to determine the adverse claim of defendants to certain land described in the pleadings as adjoining B. D. Hilliard and others and containing 27% acres and being part of a larger tract containing 100 acres. Plaintiff relied upon adverse possession of seven years under color of title, and also upon adverse possession for twenty years without color, the title being out of the State. E. D. Christman, one of the plaintiffs, testified that he could not state whether the 27%…
1Opinion of the Court
Walkeb, J.,
after stating the facts: We were told, on the argument before us, that the nonsuit was based on the ground that plaintiffs had not shown that the 27%-aere tract was'included in the 100-acre tract. If this be true, the judge evidently erred, for the witness E. D. Christ-man had the right to change his mind, and it was for the jury to say which of the two statements made by him they would accept. He may have refreshed his memory, or, stimulated by the sharp cross-examination, he may have been awakened to a livelier sense of the truth in regard to the description and the location of…
2Cases cited21 opinions
- Holland v. ChallenSupreme Court of the United States · 1884
- Locklear v. . SavageSupreme Court of North Carolina · 1912
- Shell v. . RosemanSupreme Court of North Carolina · 1911
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- Adler v. SullivanSupreme Court of Alabama · 1896
16 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Wells v. ClaytonSupreme Court of North Carolina · 1952
- Ward v. . SmithSupreme Court of North Carolina · 1943
- Heath v. TurnerSupreme Court of North Carolina · 1983
- Smith v. . WhartonSupreme Court of North Carolina · 1930
- Matthews v. W. T. Freeman Co.Supreme Court of Virginia · 1950
49 more not listed; retrieve them via the Exa API.