Den on Demise of Tate v. Southard
Supreme Court of North Carolina
From Burke. This was an action of ejectment, in which the lessor of the Plaintiff claimed title to the lands in dispute, by a grant from the State, bearing date the 11th day of October, 1814. The Defendant claimed the land under a Sheriff’s sale made to one James Greenlee, under a judgment and execution against one T. Kennedy in 1783 ; and that Greenlee and the Defendant, who claimed under him, had a continued possession for upwards of twenty-nine years, before this suit was…
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From Burke. This was an action of ejectment, in which the lessor of the Plaintiff claimed title to the lands in dispute, by a grant from the State, bearing date the 11th day of October, 1814. The Defendant claimed the land under a Sheriff’s sale made to one James Greenlee, under a judgment and execution against one T. Kennedy in 1783 ; and that Greenlee and the Defendant, who claimed under him, had a continued possession for upwards of twenty-nine years, before this suit was brought, and Defendant was then in possession. The Defendant shewed no grant to Kennedy or any other person for the…
1Opinion of the Court
Henderson, Judge,
delivered his opinion. — I think the Circuit Judge erred in that part of his charge, wherein he directed the Jury, that the lines of the surrounding tracts of land, if not made for the lands claimed by the Defend ant, did not satisfy the words of the act ’91, that is to say, “ known and visible boundaries,” unless they had been re-cognised as the boundaries of this tract by some grant or mesne conveyance thereof. Boundaries frequently exist in common reputation : and it is for that reason, that hearsay is evidence upon the question of boundary. It would, therefore, have been…
2Cited by11 opinions
- Hemphill v. Hemphill.Supreme Court of North Carolina · 1905
- Lamb v. . CopelandSupreme Court of North Carolina · 1912
- Sullivan v. . BlountSupreme Court of North Carolina · 1914
- Ricks v. . WoodwardSupreme Court of North Carolina · 1912
- Owens v. . Lumber Co.Supreme Court of North Carolina · 1937
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