Lash v. . Thomas
Supreme Court of North Carolina
Civil Action to recover land, tried at Spring Term, 1881, of RocicinghaM Superior Court, before Avery, J. The plaintiffs claim, the land as heirs at law of I. G. Lash deceased, who in his life time purchased at sheriff’s sale, by virtue of an execution against the defendant John Thomas, under whom the other defendants are in possession.
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Civil Action to recover land, tried at Spring Term, 1881, of RocicinghaM Superior Court, before Avery, J. The plaintiffs claim, the land as heirs at law of I. G. Lash deceased, who in his life time purchased at sheriff’s sale, by virtue of an execution against the defendant John Thomas, under whom the other defendants are in possession. In support of their title, the plaintiffs offered in evidence a docketed judgment of the superior court of Rockingham county, rendered at spring term, 1869, in favor of I. G. Lash, their executor, and against the defendant John Thomas, and the judgment roll…
1Opinion of the CourtRuffin, J.
The plaintiffs’ counsel, by his argument and the cases cited in his brief, seems effectually to have met every objection urged by the defendants in the court below.
Upon the first point, the case of Ward v. Saunders, 6 Ired., 382, is a direct authority. It was there held that the direction given in the statute (Rev. Code, ch. 62, § 17) for recording in a book the proceedings before a justice, w'as but a provision for their preservation, and that when the original papers are allowed to be read without objection, it must be understood, that they were received as evidence of everything that would…
2Cases cited3 opinions
- Pemberton v. . McRaeSupreme Court of North Carolina · 1876
- Davis v. . BakerSupreme Court of North Carolina · 1872
- Thompson v. . BerrySupreme Court of North Carolina · 1870
3Cited by2 opinions
- Freeman v. . LideSupreme Court of North Carolina · 1918
- Freeman v. LideSupreme Court of North Carolina · 1918