William Falls v. . Robert F. Gamble
Supreme Court of North Carolina
This was a civil action tried betore His Honor Judge Logan- and a jury at Fall Term 1871, of Gaston Superior Court. The action was brought to recover land. The plaintiff offered in evidence a deed made to him by onn D. P. Morrow, dated January 13,-1869, and also a deed from* isaid Morrow to defendant dated October 8th, 1858, both covering ’the land in dispute.
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This was a civil action tried betore His Honor Judge Logan- and a jury at Fall Term 1871, of Gaston Superior Court. The action was brought to recover land. The plaintiff offered in evidence a deed made to him by onn D. P. Morrow, dated January 13,-1869, and also a deed from* isaid Morrow to defendant dated October 8th, 1858, both covering ’the land in dispute. The plaintiff then offered evidence tending to show that said .Morrow when he executed his deed to defendant was an infant, ■•and in support of this view introduced as a witness one John Morrow, who testified that an entry in the family…
1Opinion of the CourtPhaesoN, C. J.
Both parties claim under David P. Morrow, so by the general rule, neither can deny the fact, that the title was at one time in him, and the question is, did the deed ■of David P. Morrow, dated January 13th, 1869, pass the title to the plaintiff.
The defendant, “by way of plea,” relies upon an estoppel of ■record, and avers that the title of plaintiff derived under this deed has been passed on, and judicially found to be oí no force or legal effect, and to support this position, offered to putin evi‘dence the record of an action tried at Fall Term, 1869, in which ■he was plaintiff, and John and…
2Cited by32 opinions
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- Collingwood v. . BrownSupreme Court of North Carolina · 1890
- Rabil v. . FarrisSupreme Court of North Carolina · 1938
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