Mobley v. . Griffin
Supreme Court of North Carolina
Pleading — Action to Recover Land — Homestead—Sale, Execution — Evidence. This was a civil action, for the recovery of land, tried before Connor, J., at the March Term, 1889, of the Superior Court of Martin County. The plaintiff claimed title to a tract of land described in the complaint, and alleged that the defendant was in the wrongful possession thereof.
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Pleading — Action to Recover Land — Homestead—Sale, Execution — Evidence. This was a civil action, for the recovery of land, tried before Connor, J., at the March Term, 1889, of the Superior Court of Martin County. The plaintiff claimed title to a tract of land described in the complaint, and alleged that the defendant was in the wrongful possession thereof. The defendant Griffin disclaimed title, but the defendant Waters denied the plaintiff’s title to the land and the wrongful possession thereof. The plaintiff, for the purpose of showing title in himself, introduced— 3. The will of Martin…
1Opinion of the CourtAvery, J.
(after stating the facts). The general rule is, that the burden is on the plaintiff, in the trial of actions for the possession of land, as in the old action of ejectment, to either prove a title good against the whole world, or good against the defendant by estoppel. Taylor v. Gooch, 3 Jones, 467; Kitchen v. Wilson, 80 N. C., 191.
The plaintiff may safely rest his case upon showing such' facts and such evidences of tille as would establish his right to recover, if no further testimony were offered. This prima facie showing of title may be made by either of several methods. Wait & Sedgwick on…
2Cases cited13 opinions
- Jones v. . CohenSupreme Court of North Carolina · 1880
- Clayton v. . RoseSupreme Court of North Carolina · 1882
- Osborne v. . JohnstonSupreme Court of North Carolina · 1871
- Melvin v. . WaddellSupreme Court of North Carolina · 1876
- Whissenhunt v. . JonesSupreme Court of North Carolina · 1878
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3Cited by172 opinions
- Cutts v. CaseySupreme Court of North Carolina · 1971
- Virginia Electric & Power Co. v. TillettCourt of Appeals of North Carolina · 1986
- Wells v. ClaytonSupreme Court of North Carolina · 1952
- Cartin v. HarrisonCourt of Appeals of North Carolina · 2002
- Keen v. ParkerSupreme Court of North Carolina · 1940
167 more not listed; retrieve them via the Exa API.