Bowen v. . Perkins
Supreme Court of North Carolina
Appeal from O. H. Allen, at November Term, 1910, of Columbus. This action was brought to recover the possession of land, and damages for withholding it.
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Appeal from O. H. Allen, at November Term, 1910, of Columbus. This action was brought to recover the possession of land, and damages for withholding it. Plaintiff introduced in evidence deeds from Caleb Allen and wife, Susan Allen, to John Bright, dated 21 February, 1901, and from John Bright and wife, C. E. Bright, to A. E. Powell, dated 22 December, 1905, and from A. E. Powell to the plaintiff, Albert Bowen, dated 8 June, 1907. All these deeds conveyed the land in dispute and were registered. The plaintiff proposed to prove by John Rogers, one of his witnesses, that the witness bought the…
1Opinion of the Court
Walker, J.,
after stating tbe case: Tbe plaintiff offered tbe evidence wbicb was rejected, for tbe purpose of showing tbat be and defendant derived tbeir title from tbe same source, Caleb Allen, and tbat the plaintiff was not required, if tbat be true, to prove a good and perfect title in Caleb Allen, from whom both titles were traced, upon tbe familiar rule tbat where tbe title of both parties is disclosed and found to have a common origin, tbe plaintiff, having tbe older of tbe two, is entitled to recover, unless tbe defendant shows tbat be has a better title than tbe plaintiff, wbicb was…
2Cases cited13 opinions
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Collins v. . SwansonSupreme Court of North Carolina · 1897
- Drake v. . HowellSupreme Court of North Carolina · 1903
- Sample v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1909
- McCoy v. Cape Pear Lumber Co.Supreme Court of North Carolina · 1908
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Stewart v. . CarySupreme Court of North Carolina · 1941
- F. E. Lykes & Co. v. GroveSupreme Court of North Carolina · 1931
- Stewart v. CarySupreme Court of North Carolina · 1941
- Person v. . RobertsSupreme Court of North Carolina · 1912
- Maney v. Andrews Tanning Extract Co.Supreme Court of North Carolina · 1927
1 more not listed; retrieve them via the Exa API.