Hare v. . Hollomon
Supreme Court of North Carolina
Civil action, tried before MeKoy, Judge, and a jury, at July Special Term, 1884, of HERTFORD Superior Court. This was a civil action, prosecuted under a claim of title for the recovery of the possession of the land described in the complaint and withheld by the defendants.
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Civil action, tried before MeKoy, Judge, and a jury, at July Special Term, 1884, of HERTFORD Superior Court. This was a civil action, prosecuted under a claim of title for the recovery of the possession of the land described in the complaint and withheld by the defendants. It was in evidence that the land formerly belonged to one Josiah Bridgers, who, at his death, in May, 1831, devised the same, subject to the life estate therein of his surviving widow, Charlotte, to John P. Bridgers. The life tenant died in March, L869, whereupon the plaintiff immediately entered upon the premises, claiming…
1Opinion of the CourtShith, C. J.
(after stating the facts). We sustain the ruling of the Court as to the admissibility of the record evidence of the proceeding instituted for the sale of the land, and the action of the Court thereunder. Not only do these entries show the special facts which they recite, but by aid of the maxim ovinia pre-sumuntur rite esse acta, they furnish inferential evidence of the regularity of that precedent action, upon which the validity and efficacy of what those entries show to have been done by the Court, were dependent. This rule is indispensable, when, as in the present case, the original papers…
2Cases cited7 opinions
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- Matthews v. . JoyceSupreme Court of North Carolina · 1881
- State v. . GlissonSupreme Court of North Carolina · 1885
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- Larkins v. . BullardSupreme Court of North Carolina · 1883
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3Cited by30 opinions
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- Syme v. . TriceSupreme Court of North Carolina · 1887
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