Allen v. Burch
Supreme Court of North Carolina
ActioN by E. C. Allen and others against Joe Burch and others, heard by Judge Fred. Moore and a jury, at the August Term, 1906, of the Superior Court of PERSON. Plaintiffs alleged that _ they were the owners of a tract of land described in the complaint, and that defendants were in the unlawful possession. Defendants denied plaintiffs’ title, and the cause went to hearing upon the usual issues in actions for the recovery of real estate.
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ActioN by E. C. Allen and others against Joe Burch and others, heard by Judge Fred. Moore and a jury, at the August Term, 1906, of the Superior Court of PERSON. Plaintiffs alleged that _ they were the owners of a tract of land described in the complaint, and that defendants were in the unlawful possession. Defendants denied plaintiffs’ title, and the cause went to hearing upon the usual issues in actions for the recovery of real estate. Eor the purpose of showing title, plaintiffs offered to introduce a deed from William L. Allen to James H. Harris' and wife bearing date 8 November, 1845. The…
1Opinion of the Court
CoNNOK, J.,
after stating the case: A single question is presented by the record: Was the deed properly proven? Prior to the Act of 1885, ch. 147, where the grantor and witnesses to a deed were dead, the statute required satisfactory proof of the handwriting of the witness, and, if there was no subscribing witness, then proof of the handwriting of the grantor. Code of 1883, ch. 27, sec. 1246, subsec. 10. When the act requiring the registration of deeds, Laws 1885, ch. 147, was passed to enable persons holding old deeds, the grantor and witnesses to which were dead, to more easily have them…
2Cases cited4 opinions
- Todd, Schenck & Co. v. OutlawSupreme Court of North Carolina · 1878
- White v. . ConnellySupreme Court of North Carolina · 1890
- Young v. . JacksonSupreme Court of North Carolina · 1885
- Lance v. Tainter.Supreme Court of North Carolina · 1904
3Cited by8 opinions
- Cowan v. DaleSupreme Court of North Carolina · 1925
- McClure v. . CrowSupreme Court of North Carolina · 1929
- Haas v. RendlemanCourt of Appeals for the Fourth Circuit · 1933
- Wood v. . LeweySupreme Court of North Carolina · 1910
- Cowan v. . DaleSupreme Court of North Carolina · 1925
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