Livingston v. . Dunlap
Supreme Court of North Carolina
Evidence — Trial—Appeal—Assignment of Ei'ror This is a civil action, which was tried before Graves, /., at Spring Term, 1886, of Henderson Superior Court. This is an action brought to recover the land described in the complaint. The pleadings raised issues of fact. On the trial the plaintiff introduced evidence for the purpose of proving a continuous chain of title consisting of numerous mesne conveyances from the State to them.
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Evidence — Trial—Appeal—Assignment of Ei'ror This is a civil action, which was tried before Graves, /., at Spring Term, 1886, of Henderson Superior Court. This is an action brought to recover the land described in the complaint. The pleadings raised issues of fact. On the trial the plaintiff introduced evidence for the purpose of proving a continuous chain of title consisting of numerous mesne conveyances from the State to them. In the course of the examination of a witness for this purpose, the defendant objected to the admission of certain testimony in respect to the location of a…
1Opinion of the Court
MerrimoN, J.,
(after stating the case). The Court instructed the jury explicitly that the evidence objected to and the grant to which it referred, turned out in the course of the trial to be immaterial, and that the plaintiffs could recover, if at all, upon an entirely different kind of title, of which there was appropriate evidence. The jury were thus cautioned against the immaterial evidence. It did not in its nature and application tend to mislead them, nor did it in fact so far as appears. If it did so in fact, the appellant should have made this appear in some way.
The admission of…
2Cited by7 opinions
- State v. LaneSupreme Court of North Carolina · 1914
- Cochran v. ParisSupreme Court of Virginia · 1854
- State v. . LaneSupreme Court of North Carolina · 1914
- State v. . ParkerSupreme Court of North Carolina · 1890
- State v. . StubbsSupreme Court of North Carolina · 1891
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