Legal Opinion

Ray v. . Stewart

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 2 opinions

This was an actioN for the possession of land, tried at the November Term, 1889, of the Superior Court of Harnett County, before ArmfielJ, J. The complaint was in the usual form. The answer was a general denial of its allegations.

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This was an actioN for the possession of land, tried at the November Term, 1889, of the Superior Court of Harnett County, before ArmfielJ, J. The complaint was in the usual form. The answer was a general denial of its allegations. “ As evidence of his title, the plaintiff offered a grant in usual form for the locvs in quo from the State to Jacob ITolder, under whom the plaintiff claims, dated 28th December, 1852. Said grant was registered in Register’s office of Harnett County in 1856, in which county the land lies, without probate, but simply on the exhibition of the grant to the Register.…

1Opinion of the Court

Avery, J.'

after stating the facts: The Code, §§ 2779 and 3328, provides that grants shall be authenticated by affixing to them the seal of State, while under section 2781, if the Secretary of State shall certify that a grant was fairly obtained, the seal of State may be again attached to it, by order of the Governor, when that originally annexed has been destroyed.

Authentication of a writing, in its ordinary legal meaning, is attaching to it some certificate or evidence of its genuineness, that will make it admissible in evidence, as being what it purports to be, without proof by witnesses…

2Cases cited2 opinions

  1. United States v. AmedySupreme Court of the United States · 1826
  2. United States v. JohnsSupreme Court of the United States · 1806

3Cited by2 opinions

  1. Candler v. . LunsfordSupreme Court of North Carolina · 1838
  2. Coltrane v. . LambSupreme Court of North Carolina · 1891

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