Cowles v. . Reavis
Supreme Court of North Carolina
Civil actioN, tried before Graves, J., at the Pall Term, 1891, of the Superior Court of Wilkes County. The plaintiff a'leged that he was the owner of certain land described by metes and bounds in the complaint.
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Civil actioN, tried before Graves, J., at the Pall Term, 1891, of the Superior Court of Wilkes County. The plaintiff a'leged that he was the owner of certain land described by metes and bounds in the complaint. The defendant, by his answer, denies the allegations of the complaint and says that he is the owner of two tracts of lahd adjoining land of the plaintiff, set out by metes and bounds in the answer, and if any portion of these tracts is covered by the boundaries alleged in the plaintiff’s deed, then he is in possession of that portion of said land, and has been in possession for more…
1Opinion of the Court
Davis, J.:
It appears upon the face of the will that there were two subscribing witnesses, and it was sufficient to pass the real estate of the testator. It is certified by the Clerk that it was proved in open Court by one of them, and this is sufficient evidence of probate. Harven v. Springs, 10 Ired., 180, and cases cited. The will was proved in common form, prior to 1856, and is governed by Chapter 122, Section 6 of the Revised Statutes, which authorized the probate in common form by one subscribing witness, and not by Chapter 119, Section 15 of The Revised Code. Jenkins v. Jenkins, 96 N.…
2Cases cited2 opinions
- Jenkins v. . JenkinsSupreme Court of North Carolina · 1887
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
3Cited by11 opinions
- Poole v. . GentrySupreme Court of North Carolina · 1948
- Norwood v. . CrawfordSupreme Court of North Carolina · 1894
- Town of Belhaven v. HodgesSupreme Court of North Carolina · 1946
- Cornelison v. . HammondSupreme Court of North Carolina · 1944
- Goodwin v. GreeneSupreme Court of North Carolina · 1953
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