Legal Opinion

Bryan v. . Spivey

Supreme Court of North Carolina

Decided September 5, 1891PublishedCited by 41 opinions

Civil actioN, tried at February Term, 1891, of Graver Superior Court, Connor, J., presiding. The plaintiffs claim title, and seek to recover possession of the land in the county of Craven, known as James City. The original summons was issued on the 4th day of October, 1880. On the 21st day of September, 1881, and on the 9th day of September, 1889, other summonses issued, bringing into the Court other defendants.

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Civil actioN, tried at February Term, 1891, of Graver Superior Court, Connor, J., presiding. The plaintiffs claim title, and seek to recover possession of the land in the county of Craven, known as James City. The original summons was issued on the 4th day of October, 1880. On the 21st day of September, 1881, and on the 9th day of September, 1889, other summonses issued, bringing into the Court other defendants. The parties waived trial by jury, and submitted the cause to the Court to find the facts and declare the law arising thereupon. The plaintiffs introduced W. H. Marshall, who testified…

1Opinion of the Court

Shepherd, J.:

The exceptions addressed to the admission of the documentary evidence of the plaintiff having been abandoned, the only questions which remain for our consideration, are whether the testimony adduced upon the trial was legally sufficient to sustain the findings of fact, and whether these findings warrant the conclusions of law as declared by the Court below.(1). It is first insisted by the defendants, that upon the whole testimony the plaintiff has failed to show that the title has passed out of the State, and that, granting that the title is out of the State, there is nothing to…

2Cases cited7 opinions

  1. Ruffin v. . OverbySupreme Court of North Carolina · 1890
  2. Melvin v. . WaddellSupreme Court of North Carolina · 1876
  3. Ruffin v. . OverbySupreme Court of North Carolina · 1883
  4. Graybeal v. . DavisSupreme Court of North Carolina · 1886
  5. Davis v. . McArthurSupreme Court of North Carolina · 1878

2 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Wells v. ClaytonSupreme Court of North Carolina · 1952
  2. Christman v. . HilliardSupreme Court of North Carolina · 1914
  3. Campbell v. Everhart.Supreme Court of North Carolina · 1905
  4. Alexander v. . GibbonSupreme Court of North Carolina · 1896
  5. Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919

36 more not listed; retrieve them via the Exa API.

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