Legal Opinion

Neal v. Nelson

Supreme Court of North Carolina

Decided September 15, 1895PublishedCited by 25 opinions

Civil aotion, commenced on the 2nd day of November, 1887, and tried before Winston, Judge, and a jury, at Stokes Superior Court. The Court submitted, by consent of the parties, the issues as follows, to-wit: Is the plaintiff the owner of and entitled to the possession of the land described in the complaint ? Answer: Yes.

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Civil aotion, commenced on the 2nd day of November, 1887, and tried before Winston, Judge, and a jury, at Stokes Superior Court. The Court submitted, by consent of the parties, the issues as follows, to-wit: Is the plaintiff the owner of and entitled to the possession of the land described in the complaint ? Answer: Yes. The plaintiff introduced in evidence a grant from the State to one McAnally, and evidence of surveyors and others tending to show that it embraced the land in dispute. And a deed from W. H. Gentry, Sheriff, to William Lash, Sr., purporting to bear date of November 2d, 1869,…

1Opinion of the Court

Avery, J.:

The plaintiff introduced in support of the deed made by the Sheriff to W. A. Lash, Sr., on January 1st, 1878, but bearing daté November 2nd, 1869, 11 am execution and Sheriff’s return showing the 'sale of the lands a/nd *401pxorchase by” said Lash, “on the day this deed bears date.” The irresistible inference growing out of this statement is that the return identified “the lands1'1 in controversy and showed that W. A. Lash, Sr., bought. ‘'The presumption is that public officers do as the law and their duty require them to do.” Lawson P. Ev.,'p. 58 (Eule 14). The law required the Sheriff…

2Cases cited11 opinions

  1. Barger v. HobbsIllinois Supreme Court · 1873
  2. Bell v. LongworthIndiana Supreme Court · 1855
  3. Green v. StateSupreme Court of Alabama · 1882
  4. Doe on Dem of McConnell v. McConnellSupreme Court of North Carolina · 1870
  5. Field v. BoyntonSupreme Court of Georgia · 1862

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3Cited by25 opinions

  1. Henderson County v. OsteenSupreme Court of North Carolina · 1979
  2. Whitley v. ArensonSupreme Court of North Carolina · 1941
  3. Walker v. Miller.Supreme Court of North Carolina · 1905
  4. Morton v. ThorntonSupreme Court of North Carolina · 1963
  5. City Bank of Portage v. PlankWisconsin Supreme Court · 1910

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