Hill v. . Nicholson
Supreme Court of North Carolina
Civil. ACTION tried before McKoy, J., at Spring Term, 1882, Superior Court Beaufort county. Tlie plaintiff derived title to one moiety of a lot in the town of Washington, numbered 62, under a sale for taxes, and a deed thei’efor executed on March 10, 1870, by Jesse M. Pringle, tax-collector, to S. W. Stilley, and subsequent conveyances of said moiety to himself.
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Civil. ACTION tried before McKoy, J., at Spring Term, 1882, Superior Court Beaufort county. Tlie plaintiff derived title to one moiety of a lot in the town of Washington, numbered 62, under a sale for taxes, and a deed thei’efor executed on March 10, 1870, by Jesse M. Pringle, tax-collector, to S. W. Stilley, and subsequent conveyances of said moiety to himself. The tax, for which the sale was made, was levied the preceding year by the board of town commissioners upon the lot given in for that purpose by James H. Williams, and included in a list made out under their direction and delivered by…
1Opinion of the Court
SMITH, C. J.,
after stating the facts as above: We pass by the objection to the admissibility of the record of the foreclosure proceedings, with the remark that during the interval between the. last endorsed partial payment in March, 1859, and the institution of the suit for foreclosure in February, 1876, the ten years had not elapsed (excluding the period in which the statute raising the presumption of satisfaction «from lapse of time did not operate), and the debt remained and was adjudged to be due, and that presumption does not arise upon the facts now stated; so that the objection, not so…
2Cases cited1 opinion
- Whitehurst v. . Gaskill and AnotherSupreme Court of North Carolina · 1873
3Cited by6 opinions
- Matthews v. Fry.Supreme Court of North Carolina · 1906
- Powell v. . SikesSupreme Court of North Carolina · 1896
- City of Wilmington v. James Sprunt & SonSupreme Court of North Carolina · 1894
- Brewer v. . ChappelSupreme Court of North Carolina · 1888
- Julian v. Central Trust Co.Court of Appeals for the Fourth Circuit · 1902
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