Legal Opinion

Den Ex Dem. Dobson v. Murphy

Supreme Court of North Carolina

Decided June 5, 1836PublishedCited by 21 opinions

This was ah action of ejectment, tried at Burke, on the Spring Circuit of 1835, before, his Honor Judge Settle. Both parties claimed under one Joseph Dobson, the father of the lessor of the plaintiff; and the plaintiff having made out his case, the defendant set up title under a judgment and execution against Joseph Dobson, and a sheriff’s deed for the land in controversy.

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This was ah action of ejectment, tried at Burke, on the Spring Circuit of 1835, before, his Honor Judge Settle. Both parties claimed under one Joseph Dobson, the father of the lessor of the plaintiff; and the plaintiff having made out his case, the defendant set up title under a judgment and execution against Joseph Dobson, and a sheriff’s deed for the land in controversy. The judgment given in evidence was rendered at April Term, 1809, of Burke County Court, in favour of one Robert Williamson, for the sum of sixty-six pounds and costs. An execution issuing thereon, and corresponding…

1Opinion of the Court

Gaston, Judge.

— The first question in this case arises on the admissibility of certain testimony. The defendant offered in evidence a paper writing signed by E. Sharpe, deputy sheriff, setting forth, that at the October Court, 1810, at the request of the sheriff, he had sold to the defendant the tract of land in controversy on an execution, at the instance of Robert Williamson, to the use of the defendant, against Joseph Dobson. The plaintiff objected to the reception of this instrument as evidence, but the Court, nevertheless, admitted it. The record does not show distinctly the purpose for…

2Cited by21 opinions

  1. McCullen v. DurhamSupreme Court of North Carolina · 1948
  2. Burns v. . StewartSupreme Court of North Carolina · 1913
  3. McCullen v. . DurhamSupreme Court of North Carolina · 1948
  4. Norwood v. . TottenSupreme Court of North Carolina · 1914
  5. Greenleaf v. BartlettSupreme Court of North Carolina · 1908

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