Den Ex Dem. Duncan v. Hill
Supreme Court of North Carolina
Ejectment, tried on the last Circuit at Buncombe, before Pearson, Judge. The lessors of the plaintiff having made out a title in the feme lessor, the defendant produced a bond from her, dated in the year 1795, before her marriage, with a condition to make him a title before the year 1799. He then proved that he went into possession of the premises in dispute in the year 1803, and continued that possession until the commencement of this action, in the year 1834. To repel the…
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Ejectment, tried on the last Circuit at Buncombe, before Pearson, Judge. The lessors of the plaintiff having made out a title in the feme lessor, the defendant produced a bond from her, dated in the year 1795, before her marriage, with a condition to make him a title before the year 1799. He then proved that he went into possession of the premises in dispute in the year 1803, and continued that possession until the commencement of this action, in the year 1834. To repel the presumption which the defendant sought to raise from these facts, the lessors of the plaintiff offered in evidence, the…
1Opinion of the Court
Gaston, Judge.
Upon the trial the defendant objected to the reception in evidence of the deposition, of Sarah Williams, because the commission was not returnable to the term immediately succeeding ¿hat at which it bore teste, but to the next term thereafter. The Court is of opinion that this objection was properly overruled. The provisions in our act of 1777, ch. 115, sec. 14, do not apply to commissions. These are not embraced within the term “ process,” and were not intended or referred to in that section. In its most general acceptation, process comprehends all the proceedings between the…
2Cited by3 opinions
- Crowell v. . CrowellSupreme Court of North Carolina · 1921
- Askew v. MatthewsSupreme Court of North Carolina · 1918
- Askew v. . MatthewsSupreme Court of North Carolina · 1918