Legal Opinion

Dixon v. . Stewart

Supreme Court of North Carolina

Decided September 5, 1893PublishedCited by 2 opinions

Action for the recovery of land, tried at August Term, 1892, of Moore Superior Court, before Winston, J. There was evidence that tended to show that in 1873 the defendant Stewart had leased the land in controversy from one Lane, under whom the plaintiff claimed, and whose deed to plaintiff for the premises was in evidence without objection thereto.

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Action for the recovery of land, tried at August Term, 1892, of Moore Superior Court, before Winston, J. There was evidence that tended to show that in 1873 the defendant Stewart had leased the land in controversy from one Lane, under whom the plaintiff claimed, and whose deed to plaintiff for the premises was in evidence without objection thereto. The evidence also tended to show that Stewart was in possession long prior to the year 1873. He testified that he had never leased the land from Lane or the plaintiff, nor had he agreed to become their tenant, or hold for them; that he was put in…

1Opinion of the Court

Burwjell, J,:

On the trial some exceptions were taken, as appears from the record, to the introduction of certain deeds by means of which the plaintiffs sought to show that the title to the land in controversy, which was conceded to be out of the State, had become vested in him. His Honor admitted these deeds in evidence over the objection of the defendants, but, upon consideration of them and of the plaintiffs’ evidence as to possession under them, he decided that the plaintiffs had failed to show by a complete chain of title, or by possession under the deeds introduced, a title in himself to…

2Cases cited2 opinions

  1. Franklin v. MeridaCalifornia Supreme Court · 1868
  2. Holloway v. GalliacCalifornia Supreme Court · 1874

3Cited by2 opinions

  1. Austin v. . CrispSupreme Court of North Carolina · 1923
  2. Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1909

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