Hamilton v. . Icard
Supreme Court of North Carolina
Civil action, tried before Boykin, J., and a jury, at January Special Terra, 1894, of Caldwell Superior Court. The plaintiff introduced deeds to him and those under whom he claimed running back to 1869 and embracing the locus. Among those under whom he claimed were one Barringer and one Barrier. . I. N. Beard testified: “I am County Surveyor.
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Civil action, tried before Boykin, J., and a jury, at January Special Terra, 1894, of Caldwell Superior Court. The plaintiff introduced deeds to him and those under whom he claimed running back to 1869 and embracing the locus. Among those under whom he claimed were one Barringer and one Barrier. . I. N. Beard testified: “I am County Surveyor. I have surveyed the land conveyed in the above deed; the land granted to the defendants is embraced in the 4‘25-acre tract conveyed to Hamilton, save 7-J- acres; the defendants’ grant is for 152 acres; I surveyed it; I saw signs of plant beds on the…
1Opinion of the Court
Aveky, J.:
The action was brought on the 30th of November, 1892. The plaintiff proposed to show title under a Sheriff’s deed for 2,425 acres, executed May 22, 1869, and several mesne conveyances, for a tract containing 425 acres, included within the boundaries of the older deed. Plaintiff introduced no grant from the State, but defendant offered a patent for 152 acres bearing date September 21, 1892, which it was admitted embraced the whole of the locus in quo.
In order to raise a presumption of a grant from the State it is not necessary to show continuous and unceasing possession. Reed v.…
2Cases cited10 opinions
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- McLean v. . SmithSupreme Court of North Carolina · 1890
- Williams v. . WallaceSupreme Court of North Carolina · 1878
- Mallett v. . SimpsonSupreme Court of North Carolina · 1886
- Osborne v. . JohnstonSupreme Court of North Carolina · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Locklear v. . SavageSupreme Court of North Carolina · 1912
- Prevatt v. Harrelson.Supreme Court of North Carolina · 1903
- Everett v. . NewtonSupreme Court of North Carolina · 1896
- Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
- Alexander v. . Cedar WorksSupreme Court of North Carolina · 1919
18 more not listed; retrieve them via the Exa API.