Doe Ex Dem. Kelly v. Ross
Supreme Court of North Carolina
This was an action of ejectmeNT, in which the plaintiff declared on the several demises of R. R. Kelly, Edmund Deberry, Allen Macfarland, and of a number of the heirs of Duncan McRae, On the trial before Dick, Judge, at Stanly, on the last Spring Circuit, the case states that the plaintiff offered no paper title : but it appeared that the defendant had been in possession of the land in controversy some twenty-six or seven years ; that about ten years after he went into…
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This was an action of ejectmeNT, in which the plaintiff declared on the several demises of R. R. Kelly, Edmund Deberry, Allen Macfarland, and of a number of the heirs of Duncan McRae, On the trial before Dick, Judge, at Stanly, on the last Spring Circuit, the case states that the plaintiff offered no paper title : but it appeared that the defendant had been in possession of the land in controversy some twenty-six or seven years ; that about ten years after he went into possession, he told a witness that he had been put on the land by Duncan McRae and one Oliver; and that about ten years…
1Opinion of the Court
Nash, O. J.
The declaration contains four counts on four several demises. It is unnecessary to consider more than the third, on which the whole case at present turns. That count is on the demise of Allan Macfarland. It is to be remarked that the case states that the plaintiff produced no paper title — meaning thereby no complete chain. To sustain his claim under the third count, the plaintiff showed that in 1829 Duncan McRae conveyed the land in dispute to Edmund Deberry, and that he conveyed it to John Taylor ; and it was alleged that the latter had, by his last will and testament, devised…
2Cited by1 opinion
- Boger v. . BradshawSupreme Court of North Carolina · 1849