Davis v. . Blevins
Supreme Court of North Carolina
Civil action for recovery of land, tried before Coble, J., and a jury, at July Term, 1898, of Superior Court of Ashe County. As a liuk in their title the plaintiff proposed to read the will of George Bowers. The defendants objected on the ground of defective probate. Objection sustained, and evidence excluded. Plaintiffs excepted, submitted to judgment of non-suit, and appealed. Case agreed, signed by counsel.
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Civil action for recovery of land, tried before Coble, J., and a jury, at July Term, 1898, of Superior Court of Ashe County. As a liuk in their title the plaintiff proposed to read the will of George Bowers. The defendants objected on the ground of defective probate. Objection sustained, and evidence excluded. Plaintiffs excepted, submitted to judgment of non-suit, and appealed. Case agreed, signed by counsel. Plaintiffs offered in evidence a script or paper-writing, purporting to be the last will and testament of George Bower, and stated that it was a necessary link in plaintiff’s chain of…
1Opinion of the Court
Furches, J.:
This is an action of ejectment, in which the will of George Bower becomes a necessary link in the chain of plaintiff’s title. The plaintiff offered this will in evidence, on the back of which was written, “State of North Carolina — Ashe County. I certify that the foregoing will has been duly proven and recorded as the law directs. James Wagg, Clerk County Court.”
The plaintiff also offered in evidence the following record on the minute docket of October Term, 1861, of the Court of Pleas and Quarter Sessions of Ashe Ooun ty: “The last will and testament of Col. George Bower, was…
2Cases cited4 opinions
- Hutson v. . SawyerSupreme Court of North Carolina · 1889
- Jenkins v. . JenkinsSupreme Court of North Carolina · 1887
- Moody v. . JohnsonSupreme Court of North Carolina · 1893
- Raleigh & Western Railway Co. v. Glendon & Gulf Mining & Manufacturing Co.Supreme Court of North Carolina · 1893
3Cited by2 opinions
- Cochran v. Linville Improvement Co.Supreme Court of North Carolina · 1900
- R. R. v. . Mining Co.Supreme Court of North Carolina · 1893