Dem on the Demise of Johnson v. Watts
Supreme Court of North Carolina
This was an'action of ejectment, tried at Fall Term, 1853, of Martin Superior Court, before bis Honor Judge MaNLY. It was originally brought by William Johnson and wife against Peter E. Maddera, the tenant in possession. During the pendency of the suit, Maddera died, and the defendant Watts filed an affidavit as landlord, and was admitted to defend in place of Maddera.
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This was an'action of ejectment, tried at Fall Term, 1853, of Martin Superior Court, before bis Honor Judge MaNLY. It was originally brought by William Johnson and wife against Peter E. Maddera, the tenant in possession. During the pendency of the suit, Maddera died, and the defendant Watts filed an affidavit as landlord, and was admitted to defend in place of Maddera. The plaintiff produced a deed from Joseph Biggs to William Mackey, dated in 1814, conveying An fee simple the lot in dispute, and proved that Mackey was in the actual possession of the lot until his death in 1818; that the…
1Opinion of the CourtRattle, J.
We cannot distinguish this from the ordinary case of two parties claiming under the same person, jn which neither can deny the title of him under whom they both claim. Murphy v. Barnett, 1 Car. Law Repos. 105. Ives v. Sawyer, 4 Dev. and Bat. 51. Gilliam v. Bird, 8 Ired. 280. Maddera, under whom the defendant Watts claims, certainly derived title from Pollard, the first husband of the plaintiff’s lessor, who was the heir at law of William Mackey. Maddera could not then deny the title-of Mackey. The termination of Maddera’s title by the death of Pollard could make no difference, because it does…
2Cited by9 opinions
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- Bowen v. . PerkinsSupreme Court of North Carolina · 1911
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