Braswell v. . Gay
Supreme Court of North Carolina
Civil ActioN, for recovery of land, tried before Moore,. J., at May Term, 1876, of the Superior Court of Edgecombe. The plaintiff claimed under a deed from one Elizabeth Anderson to him, dated March 22d, 1873, and expressed to be made in execution of a power of sale-vested in her by a deed of trust, executed to her by one Bennet Melton, May 15th, 1857, to indemnify her as surety on a note to one* Griffin for $100, dated October 15th, 1853. The defendant claimed title under a…
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Civil ActioN, for recovery of land, tried before Moore,. J., at May Term, 1876, of the Superior Court of Edgecombe. The plaintiff claimed under a deed from one Elizabeth Anderson to him, dated March 22d, 1873, and expressed to be made in execution of a power of sale-vested in her by a deed of trust, executed to her by one Bennet Melton, May 15th, 1857, to indemnify her as surety on a note to one* Griffin for $100, dated October 15th, 1853. The defendant claimed title under a deed from one Joshua Killebrew and-one William Worsly, under a sale made by one Jesse Bullock, on the 20th of April,…
1Opinion of the CourtPearson, C. J.
The finding of the jury disposes of the ease upon the merits, except so far as it may be affected by the many exceptions taken to the ruling of his Honor.
The counsel of the defendant with commendable candor on the argument before us, relied upon only three of the ex-"eptions.
1. The charge as to Ricks’ evidence touching the execution of the deed to Elizabeth Anderson and the admission of testimony of the good character of Ricks. In the absence of any allegation or proof of fraud in the erasure and change of the date of the deed, this ruling and testimony was immaterial and did not in the…
2Cited by6 opinions
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- Shields v. . WhitakerSupreme Court of North Carolina · 1880
- Smith v. Moore.Supreme Court of North Carolina · 1906
- Byrd v. Carolina Spruce Co.Supreme Court of North Carolina · 1915
- Shaffer v. . GaynorSupreme Court of North Carolina · 1895
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