Belk Ex Rel. Belk v. Belk
Supreme Court of North Carolina
Civil action, tried before Long, J., and a jury, at August Term, 1917, of UNION. Plaintiff sued for the recovery of his interest in a tract of land containing 484 acres, alleged to have been conveyed by deed dated 4 January, 1857, of Calvin Laney to plaintiff’s mother, Parmelia J. Belk, and her children, namely, Napoleon B. Belk, Altha H. Belk, and Phredo R. Belk, as tenants in common.
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Civil action, tried before Long, J., and a jury, at August Term, 1917, of UNION. Plaintiff sued for the recovery of his interest in a tract of land containing 484 acres, alleged to have been conveyed by deed dated 4 January, 1857, of Calvin Laney to plaintiff’s mother, Parmelia J. Belk, and her children, namely, Napoleon B. Belk, Altha H. Belk, and Phredo R. Belk, as tenants in common. This deed was probated and registered on 25 September, 1880. On 15 December, 1865, Calvin Laney conveyed by deed to the defendant A. H. A. Belk 207 acres of land, which included within its boundaries 97 acres…
1Opinion of the Court
Walker, J.,
after stating tbe case: We are of opinion tbat tbe burden of proof, throughout the trial, was upon tbe plaintiff, and tbat tbe judge not only committed no error as against tbe plaintiff, but placed too great a burden upon tbe defendant in regard to tbe execution of tbe deed, and of tbis tbe plaintiff cannot complain, as it was an error committed in bis favor. It is true, as contended by tbe plaintiff’s counsel in their able.and forceful argument, tbat tbe introduction of a deed which has been duly probated and registered is sufficient proof of its .execution and genuineness, at…
2Cases cited21 opinions
- United States v. RossSupreme Court of the United States · 1876
- Kelly v. JacksonSupreme Court of the United States · 1832
- Harding v. . LongSupreme Court of North Carolina · 1889
- Jones v. . JonesSupreme Court of North Carolina · 1879
- Fortune v. . HuntSupreme Court of North Carolina · 1908
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