Thompson v. John L. Roper Lumber Co.
Supreme Court of North Carolina
Appeal by plaintiff from Carter, J., at September Term, 1914, of PASQUOTANK. Civil action to try title to land. The plaintiff relies upon a chain of paper title, originating with four grants to Jonathan Herring, with which the plaintiff seeks to connect himself by mesne conveyances.
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Appeal by plaintiff from Carter, J., at September Term, 1914, of PASQUOTANK. Civil action to try title to land. The plaintiff relies upon a chain of paper title, originating with four grants to Jonathan Herring, with which the plaintiff seeks to connect himself by mesne conveyances. In deraigning his title the plaintiff is compelled to show title to the locw in quo in William B. Shephard and the heirs of Ann Pettigrew, whose heirs at law or devisees the individual defendants admittedly are. In further deraigning his title the plaintiff is compelled to rely upon two deeds, necessary links in…
1Opinion of the CourtAllen, J.
The deed from Taylor, administrator, and the judicial proceedings authorizing its execution are necessary links in the chain of title of the plaintiffs, and unless established by competent evidence the judgment of nonsuit must be affirmed.
The deed was introduced in evidence, but the judicial proceedings were not produced, the plaintiff relying on the recitals in the deed to prove their existence and contents.
It is well established that the recitals in a deed executed pursuant to a judicial decree, or by a sheriff upon an execution sale, are evidence of the facts recited, but they are only…
2Cases cited5 opinions
- Condry v. . CheshireSupreme Court of North Carolina · 1883
- Avery v. Stewart.Supreme Court of North Carolina · 1904
- Person v. . RobertsSupreme Court of North Carolina · 1912
- Isley v. BoonSupreme Court of North Carolina · 1891
- Byrd v. . CollinsSupreme Court of North Carolina · 1912
3Cited by9 opinions
- Mahoney-Jones Co. v. OsborneSupreme Court of North Carolina · 1925
- Taylor v. JohnstonSupreme Court of North Carolina · 1976
- Black Et Ux. v. BeagleWyoming Supreme Court · 1943
- Sledge v. MillerSupreme Court of North Carolina · 1959
- Walston v. W. H. Applewhite & Co.Supreme Court of North Carolina · 1953
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