Thomas v. . Hunsucker
Supreme Court of North Carolina
This was a civil action, removed from Cherokee County and tried at Fall Term, 1888, of Clay Superior Court, before Boykin,.J, for the recovery of a tract of land. The plaintiff claimed title through one A. IT.
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This was a civil action, removed from Cherokee County and tried at Fall Term, 1888, of Clay Superior Court, before Boykin,.J, for the recovery of a tract of land. The plaintiff claimed title through one A. IT. Killian and offered in support pf it a warrant of survey to Killian from the State; a plat and certificate of survey made in pursuance of an order of Court in 1843; a deed from Killian to one Felix Axley dated June 14th, 1845, and parol evidence to identify it, which was objected to by the defendant; a grant of date November 4th, 1845, from the State to Killian, which was admitted to…
1Opinion of the Court
Shepherd, J.:
We think there was error in refusing to give the fourth instruction, on the ground that the defendant could not show title out of the plaintiff without connecting himself with such outstanding title. This is a correct principle of law, hut is applicable only where the defendant seeks to attack a title under which both himself and the plaintiff claim. Love v. Gates, 3 D. & B., 363; Gilliam v. Bird, 8 Ired., 280; Christenbury v. King, 85 N. C., 230; Ryan v. Martin, 91 N. C., 464.
It is true that in our case both parties claim under Kil-lian, but the defendant, under the instruction…
2Cases cited3 opinions
- Ryan v. . MartinSupreme Court of North Carolina · 1884
- Lancashire v. . MasonSupreme Court of North Carolina · 1876
- Wood v. . WatsonSupreme Court of North Carolina · 1890
3Cited by6 opinions
- Montagne v. Cherokee CountySupreme Court of Iowa · 1925
- Chamblee v. . BroughtonSupreme Court of North Carolina · 1897
- Engelbercht v. DavisonSupreme Court of Iowa · 1927
- Atchison Topeka & Santa Fe Railway Co. v. DavenportSupreme Court of Kansas · 1902
- In Re Estate of SimpsonSupreme Court of Iowa · 1938
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