Tolson's Heirs v. Mainor
Supreme Court of North Carolina
Civil Action to recover land tried at Spring Term, 1881, of Carteret Superior Court, before Graves, J. On the trial the plaintiffs, in support of their title, offered in evidence a grant from the state, covering the land in dispute, dated in 1872. It was admitted the' defendants were-in possession.
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Civil Action to recover land tried at Spring Term, 1881, of Carteret Superior Court, before Graves, J. On the trial the plaintiffs, in support of their title, offered in evidence a grant from the state, covering the land in dispute, dated in 1872. It was admitted the' defendants were-in possession. The defendants then introduced a grant, from George II., King, &c., to-David Shepard, dated April 20th,. 1745, a deed from said Shepard to John Harman and his heirs, dated March, 1746, a deed from said Harman to John Saunders and his heirs, dated June,. 1763, a deed from John Saunders to John…
1Opinion of the Court
Ashe, I.
We think the defendants Were entitled to the instruction asked, with reference to some of the grantees or donees in the grant or deeds offered by them in evidence, and that it was error in the judge to have declined to so instruct the jury. It is true His Honor, while declining to give the instruction as asked, did' tell the jury that “ actual title will draw to it the constructive possession,” but he had just remarked to the jury that the royal grant to Shepard “ conveyed to him only the life estate, that it was color of title only for his life,” and of course it must follow' as a…
2Cases cited1 opinion
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