Mauney v. . Crowell
Supreme Court of North Carolina
Civil Action tried at August Special Term, 1880, of Rowan Superior Court, before McKoy, J. The plaintiff sues to recover the value of a portion of a stamp mill, used for reducing gold ore, which is withheld and appropriated by the defendant. The defence set up is a denial of the plaintiff’s right and an assertion of property in the defendant. During the trial before the jury several exceptions were taken by the defendant, one only of which is it necessary to consider.
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Civil Action tried at August Special Term, 1880, of Rowan Superior Court, before McKoy, J. The plaintiff sues to recover the value of a portion of a stamp mill, used for reducing gold ore, which is withheld and appropriated by the defendant. The defence set up is a denial of the plaintiff’s right and an assertion of property in the defendant. During the trial before the jury several exceptions were taken by the defendant, one only of which is it necessary to consider. The defendant proposed to show that he, owning certain mining lands whereon the mill was afterwards placed,, entered into a…
1Opinion of the Court
Smith, C. J.,
after stating the case. If the finding was general that no sufficient search had been made for the absent original and for this reason the offered copy was refused, the fact thus found would be conclusive and the rejection would follow as a necessary legal consequence and both be beyond the reach of correction. While the record is somewhat confused and we may fail to put upon it the meaning intended, we understand the copy to have been excluded solely upon the ground that as the law directs the registration of “ all contracts to sell or convey lands, tenements or hereditaments,…
2Cases cited1 opinion
- Edwards v. . ThompsonSupreme Court of North Carolina · 1874
3Cited by7 opinions
- Bonds v. . SmithSupreme Court of North Carolina · 1890
- Avery v. Stewart.Supreme Court of North Carolina · 1904
- Hargrove v. . AdcockSupreme Court of North Carolina · 1892
- White v. . HollySupreme Court of North Carolina · 1884
- Gillis v. Wilmington, Onslow & East Carolina RailroadSupreme Court of North Carolina · 1891
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