Davie v. Briggs
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the Western District of North Carolina. The history of this litigation is substantially as follows: — The land, containing about two hundred acres, the proceeds of which are involved in this suit was conveyed in the year 1829, for the consideration of $6,000, by John Teague, its then owner, to F. W. Davie, of South Carolina, a brother of Allen Jones Davie.
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Appeal from the Circuit Court of the United States for the Western District of North Carolina. The history of this litigation is substantially as follows: — The land, containing about two hundred acres, the proceeds of which are involved in this suit was conveyed in the year 1829, for the consideration of $6,000, by John Teague, its then owner, to F. W. Davie, of South Carolina, a brother of Allen Jones Davie. In the succeeding year, F. W. Davie • leased it, upon certain terms and conditions, to one McCulloch, for the term of twenty years, and in 1831, for the consideration of $5,000, he…
1Opinion of the Court
Mr.. Justice Harlan,
after stating the case, delivered the opinion of the court.
The appellants, as the heirs-at-law of Allen Jones Davie, deceased, assert an interest in the proceeds of a sale which took place in June, 1853, of a tract of land in Guilford County, North Carolina, known many years ago as the McCulloch goldmine.
Whether the defence, so far as it rests upon the Statute of Limitations of North Carolina, can be sustained, depends upon the evidence as to the time when Allen Jones Davie died. The learned counsel for appellants insist that, consistently with the legal presumption of…
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