Legal Opinion

Wilhelm v. . Burleyson

Supreme Court of North Carolina

Decided February 5, 1890PublishedCited by 15 opinions

This was a civil ACTION, tried at February Special Term, 1887, of the Superior Court of Cabarrus County, before Boykin, J. The plaintiff declared upon these causes of action as follows: 1. That he is the owner of the following described tract of land, situate in this county, viz: Beginning at two white-oaks on White’s line, near the creek; runs thence with the line south 7 east 68$ poles to a stake; then north 74 east 68 poles to a red-oak (W. Bost’s heirs’ corner); then…

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This was a civil ACTION, tried at February Special Term, 1887, of the Superior Court of Cabarrus County, before Boykin, J. The plaintiff declared upon these causes of action as follows: 1. That he is the owner of the following described tract of land, situate in this county, viz: Beginning at two white-oaks on White’s line, near the creek; runs thence with the line south 7 east 68$ poles to a stake; then north 74 east 68 poles to a red-oak (W. Bost’s heirs’ corner); then north 7 east with a lane 34 poles to a stone; then south 65 east 54 poles to an iron wood on the bank of the creek (Bost’s…

1Opinion of the CourtAvery, J.

after stating the facts: An objection to the introduction of a deed, offered as evidence, will not be-sustained as a rule, unless the probate is defective and the reading of it is resisted on that ground. Vickers v. Leigh, 104 N. C., 248.

After its admission the parties can raise any question that may be pertinent, by prayers for instruction to the jury in reference to its character or weight as evidence of title. It is true that the plaintiff seems to have offered certain records,-so soon as the objection was made. But the defendant did not request the Court so far as the record informs us to…

2Cases cited7 opinions

  1. County of St. Clair v. LovingstonSupreme Court of the United States · 1874
  2. Mulry v. . NortonNew York Court of Appeals · 1885
  3. Vickers v. . LeighSupreme Court of North Carolina · 1889
  4. Halsey v. . McCormickNew York Court of Appeals · 1858
  5. Burnett v. . NicholsonSupreme Court of North Carolina · 1882

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3Cited by15 opinions

  1. Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
  2. Everett v. . NewtonSupreme Court of North Carolina · 1896
  3. Adams v. Durham & Northern RailroadSupreme Court of North Carolina · 1892
  4. Wills v. BabbIllinois Supreme Court · 1906
  5. Williams v. . WalkerSupreme Court of North Carolina · 1892

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