Stell v. . Barham
Supreme Court of North Carolina
Ejectment tried at Fall Term, 1881, of Wake Superior Court, before Gilmer, J. The following issues were submitted to the jury: 1. Is the plaintiff entitled to the possession of the land described in the complaint? 2. Does the defendant unlawfully withhold said land from plaintiff? The plaintiff read in evidence a deed from Judkins Bar-ham executed to Perry Barham in 1837, a deed from Perry Barham to W. H. Pace executed in 1880, and a deed from Pace to plaintiff.
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Ejectment tried at Fall Term, 1881, of Wake Superior Court, before Gilmer, J. The following issues were submitted to the jury: 1. Is the plaintiff entitled to the possession of the land described in the complaint? 2. Does the defendant unlawfully withhold said land from plaintiff? The plaintiff read in evidence a deed from Judkins Bar-ham executed to Perry Barham in 1837, a deed from Perry Barham to W. H. Pace executed in 1880, and a deed from Pace to plaintiff. He also read in evidence a deed from Perry Barham to Isham Young executed in 1854, for the same land. When the deed from Judkins…
1Opinion of the CourtAshe, J.
The appeal was dismissed at October term, 1881, for the want of an appeal bond, but brought again to this court by a writ of certiorari, returnable to the February term, 1882.
There were one or two exceptions taken by the defendant to evidence which we deem immaterial in the view we take of the case. But there were some exceptions to the evidence offered in regard to the identity of the land in dispute, 'which it is proper to consider, to-wit: 1st. That the parol evidence adduced did not identify the land, and 2nd, that there was-error in overruling the objection to the testimony of T. J.…
2Cases cited4 opinions
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- Phillips and Wife v. . Thompson and Wife .Supreme Court of North Carolina · 1875
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3Cited by12 opinions
- Whitley v. ArensonSupreme Court of North Carolina · 1941
- Cullens v. . CullensSupreme Court of North Carolina · 1913
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- Carolina Real Estate Co. v. BlandSupreme Court of North Carolina · 1910
- Bunn v. . WellsSupreme Court of North Carolina · 1886
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