Gilliam v. . Bird
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Bertie County, at the Spring Term, 1848, his Honor Judge Settle presiding. This was an action of ejectment brought to recover a house and lot of land in the town of Windsor. The lessor of the. plaintiff showed in evidence a deed from one David Ryan to himself, and proved that the building and lot mentioned in that deed are the same as those described in the declaration.
Read the full summary
Appeal from the Superior Court of Law of Bertie County, at the Spring Term, 1848, his Honor Judge Settle presiding. This was an action of ejectment brought to recover a house and lot of land in the town of Windsor. The lessor of the. plaintiff showed in evidence a deed from one David Ryan to himself, and proved that the building and lot mentioned in that deed are the same as those described in the declaration. The said deed is dated 4th Feb. 1841. He then proved that in 1843, at a sale of said David Ryan’s property, one George S. Holley was present and requested John Freeman, the sheriff, to…
1Opinion of the CourtBattle, J.
Many objections were urged against the recovery of the plaintiff’s lessor in the Court below, and have been again pressed in the argument before us. We have given to them a due consideration and have carefully examined the reasons, which have been brought to their support. But, after all, we are compelled to say that they do not satisfy us that, the defendant’s case can be exempted from the operation of the inflexible rule, that whenever both parties claim under the same person, neither of them can deny his right, and then, as between them, the elder is the better title and must prevail.…
2Cited by12 opinions
- Flesher v. CallahanSupreme Court of Oklahoma · 1912
- Ingold v. Phoenix Assurance Co.Supreme Court of North Carolina · 1949
- Collins v. . SwansonSupreme Court of North Carolina · 1897
- Stewart v. . CarySupreme Court of North Carolina · 1941
- Stewart v. CarySupreme Court of North Carolina · 1941
7 more not listed; retrieve them via the Exa API.