Den on Demise of Caldwell v. Black
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Mecklenburg' county, at .the Special Term in May, 1845, his Honor Judge Pearson .presiding.
Read the full summary
Appeal from the Superior Court of Law of Mecklenburg' county, at .the Special Term in May, 1845, his Honor Judge Pearson .presiding. Ejectment for 749 acres of land in Mecklenburg; and upon the evidence the case was this ; Thomas Davidson was seized of the premises, and devised them to his only child and heir, Mary L. Davidson, in fee simple, and died in 1801. The said devisee entered and died in 1802, intestate and without leaving issue, or brother or sister, or the issue of such, and leaving her mother surviving her. Just before her death, her mother intermarried with William Davidson, and…
1Opinion of the CourtRuffist, C. J.
The Court mast protest against all attempts to raise points for decision here, which did not occur on the trial of the cause. The rights of the parties are to be determined on the facts proved, and not on any supposed or suggest-ted on a motion for a new trial. Such is the state of this case; for after the verdict, no further evidence, properly speaking, Could be heard, and therefore the Court could not judicially know, that Mary L. Davidson left uncles and cousins. That fact, might, it is true have been brought forward as a reason for a new trial; but that would be on the ground of surprise…
2Cited by6 opinions
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
- Byerly v. TolbertSupreme Court of North Carolina · 1959
- University v. . HolsteadSupreme Court of North Carolina · 1816
- Allen v. . GentrySupreme Court of North Carolina · 1816
- Davis v. . CookeSupreme Court of North Carolina · 1825
1 more not listed; retrieve them via the Exa API.