Tatom v. . White
Supreme Court of North Carolina
This was a civil aotiok for the recovery of land, tried before MacRae,, Judge, at Fall Term, 1886, of BladeN Superior Court.
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This was a civil aotiok for the recovery of land, tried before MacRae,, Judge, at Fall Term, 1886, of BladeN Superior Court. The plaintiffs claim title to the land described in the complaint under the will of Malcolm Mclnnis, who died in 1870 or 1871. His will was executed on the 18th of March, 1858, and proven on the 30th of August, 1882. The defendants claim title to the same land by virtue of a deed executed to them and John A. Richardson and B. F. Rinaldi, by Malcolm Mclnnis, the testator above named, on the 15th of October, 1870. This deed was proven on the 22d of the same month, before…
1Opinion of the CourtMekriMON, J.
(after stating the case). That Hall was a deputy, might be proven by himself, or other witnesses who knew the fact that he was recognized and acted as deputy, and as nothing to the contrary appeared, the presumption was that he was duly appointed and sworn, and had author ity as a deputy clerk. Evidence that a person acted as a public officer, and that he was known as such, is prima facie evidence of his official character, without producing his commission or appointment. All who have acted and act as such officers are presumed to have been duly appointed to the offices each professes to hold…
2Cases cited6 opinions
- McCoy v. CurticeNew York Supreme Court · 1832
- State v. . ByrdSupreme Court of North Carolina · 1885
- Tabor v. . WardSupreme Court of North Carolina · 1880
- Young v. . JacksonSupreme Court of North Carolina · 1885
- Holmes v. . MarshallSupreme Court of North Carolina · 1875
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3Cited by22 opinions
- White v. . ConnellySupreme Court of North Carolina · 1890
- Devereux v. . McMahonSupreme Court of North Carolina · 1891
- Lowe v. HarrisSupreme Court of North Carolina · 1893
- Lindsay v. MarcusSupreme Court of Colorado · 1958
- Lowe v. . HarrisSupreme Court of North Carolina · 1893
17 more not listed; retrieve them via the Exa API.