Belk Ex Rel. Belk v. Belk
Supreme Court of North Carolina
Civil action, tried before Long, J., and a jury, at August Term, 1917, of UNION. Plaintiff sued for the recovery of his interest in a tract of land containing 484 acres, alleged to have been conveyed by deed dated 4 January, 1857, of Calvin Laney to plaintiff’s mother, Parmelia J. Belk, and her children, namely, Napoleon B. Belk, Altha H. Belk, and Phredo R. Belk, as tenants in common.
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Civil action, tried before Long, J., and a jury, at August Term, 1917, of UNION. Plaintiff sued for the recovery of his interest in a tract of land containing 484 acres, alleged to have been conveyed by deed dated 4 January, 1857, of Calvin Laney to plaintiff’s mother, Parmelia J. Belk, and her children, namely, Napoleon B. Belk, Altha H. Belk, and Phredo R. Belk, as tenants in common. This deed was probated and registered on 25 September, 1880. On 15 December, 1865, Calvin Laney conveyed by deed to the defendant A. H. A. Belk 207 acres of land, which included within its boundaries 97 acres…
1ConcurrenceBkowN, J.
I think that the charge of the judge upon the burden of proof is strictly correct and in accord with the decisions of this Court. The probate .of a deed with registration raises a presumption of execution and delivery which entitles plaintiff to a verdict unless defendant rebuts such presumption by evidence satisfactory to the jury. The burden of proof shifts when the probated and registered deed is introduced in evidence by the plaintiff, and then it rests on defendant to satisfy the jury that the deed in fact was never executed and delivered. The law gives -to the probate and registration…
2Cases cited4 opinions
- Fortune v. . HuntSupreme Court of North Carolina · 1908
- Odom v. . ClarkSupreme Court of North Carolina · 1908
- Benedict v. Jones.Supreme Court of North Carolina · 1901
- Smithwick v. . MooreSupreme Court of North Carolina · 1907