Legal Opinion

Brown v. Hutchinson

Supreme Court of North Carolina

Decided May 12, 1911PublishedCited by 14 opinions

Appeal by plaintiff. from Lona, J., at tbe January Term, 1911, of Wilkes. Tbe facts are sufficiently stated in tbe opinion by Mr. Chief Justice Clark.

1Opinion of the CourtClauk, C. J.

This was an action brought originally before tbe clerk under the Processioning Act (Revisal, sec. 326) to establish a boundary line. The issue of title being raised by the answer, the cause was properly transferred for trial to the Superior Court at term. Smith v. Johnson, 137 N. C., 43; Stanaland v. Rabon, 140 N. C., 202; Davis v. Wall, 142 N. C., 452; Woody v. Fountain, 143 N. C., 69; Green v. Williams, 144 N. C., 63.

The first exception is that the judge refused to permit the plaintiff to introduce in evidence a deed from Absher to Brown, executed in December, 1859, as a part of the…

2Cases cited29 opinions

  1. Condry v. . CheshireSupreme Court of North Carolina · 1883
  2. Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
  3. Arrington v. . ArringtonSupreme Court of North Carolina · 1894
  4. Davis v. Wall.Supreme Court of North Carolina · 1906
  5. Dugger v. . McKessonSupreme Court of North Carolina · 1888

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3Cited by14 opinions

  1. United States v. 7,405.3 Acres of LandCourt of Appeals for the Fourth Circuit · 1938
  2. Bailey v. . HassellSupreme Court of North Carolina · 1922
  3. Simmons v. LeeSupreme Court of North Carolina · 1949
  4. Bowden v. BowdenSupreme Court of North Carolina · 1965
  5. Richmond Cedar Works v. PinnixDistrict Court, E.D. North Carolina · 1913

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