Vaughan v. . Parker
Supreme Court of North Carolina
This was an action for the title and possession of land, tried at the Spring Term, 1891, of the Superior Court of NORTHAMPTON County, before Connor, J. Both parties claimed title under Wiley Edwards. The plaintiff offered as evidence of title — 1st, a mortgage deed from Wiley Edwards to I). A. Barnes, dated October 6, 1880; 2d, proof of sale by said Bames, January 22, 1889, and of purchase at sale by Uriah Vaughan and deed to Uriah Vaughan pursuant thereto.
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This was an action for the title and possession of land, tried at the Spring Term, 1891, of the Superior Court of NORTHAMPTON County, before Connor, J. Both parties claimed title under Wiley Edwards. The plaintiff offered as evidence of title — 1st, a mortgage deed from Wiley Edwards to I). A. Barnes, dated October 6, 1880; 2d, proof of sale by said Bames, January 22, 1889, and of purchase at sale by Uriah Vaughan and deed to Uriah Vaughan pursuant thereto. The defendant Joseph Parker relied upon a deed from Wiley Edwards to him, dated January 23, 1879, but which the plaintiff insisted was…
1Opinion of the Court
Avery, J.:
The refusal of the Court to submit the usual issue involving the title, instead of the more specificinquiry as to the date of delivering the deed to the defendant Parker, is mainly relied upon as ground for new trial, though the denial of the motion for judgment, upon the findings, was not abandoned on the argument here. In the absence of an allegation of fraud, the controversy before the jury was narrowed down to a single question. As both parties claimed under Wiley Edwards, if he delivered the deed to Joseph Parker on the 23d of January, 1879, when it bears date, then he had an…
2Cases cited6 opinions
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Bonds v. . SmithSupreme Court of North Carolina · 1890
- Allen v. . SalingerSupreme Court of North Carolina · 1889
- Whissenhunt v. . JonesSupreme Court of North Carolina · 1878
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3Cited by10 opinions
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- Falkner v. Pilcher.Supreme Court of North Carolina · 1905
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