Legal Opinion

Yates v. . Yates

Supreme Court of North Carolina

Decided January 5, 1877PublishedCited by 24 opinions

Possession of Land — Euidenee — Expert — Handwriting* Civil action, to recover possession of real estate, commenced in Wilkes County and removed on affidavit of defendants to Alexander County, thence by consent to Watauga County and tried at Eall Term, 1876, of the Superior Court of said County before Buxton, J. Both parties claimed under their father John Yates, who had been in possession of the laud in controversy about fifty years before his death which occurred on the…

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Possession of Land — Euidenee — Expert — Handwriting* Civil action, to recover possession of real estate, commenced in Wilkes County and removed on affidavit of defendants to Alexander County, thence by consent to Watauga County and tried at Eall Term, 1876, of the Superior Court of said County before Buxton, J. Both parties claimed under their father John Yates, who had been in possession of the laud in controversy about fifty years before his death which occurred on the 6th day of February, 1875. The plaintiff read in evidence a deed from John Yates and wife Elizabeth to himself, dated June…

1Opinion of the CourtRodmaN, J.

It ^unnecessary to repeat here the facts on ■. which the several exceptions of0the*plaintiff are founded, as . they will be found by reference to the case sent up from the Superior Court.

We proceed to consider the exceptions in their order:

First exception: Because of the admission in evidence of the will of John Yates/disposing of the land in controversy.

It is admitted that no act or declaration of John Yates, could divest or disparage any estate previously conveyed by Mm to the plaintiff. But the will, and the other acts and declarations of John Yates hereafter spoken of, were not allowed as…

2Cases cited3 opinions

  1. Kirby v. MastenSupreme Court of North Carolina · 1874
  2. Chandler v. LeBarronSupreme Judicial Court of Maine · 1858
  3. Horton v. . GreenSupreme Court of North Carolina · 1870

3Cited by24 opinions

  1. Smith v. Moore.Supreme Court of North Carolina · 1906
  2. State v. LeDucSupreme Court of North Carolina · 1982
  3. McLean v. . SmithSupreme Court of North Carolina · 1890
  4. State v. . DegraffSupreme Court of North Carolina · 1893
  5. Nelson v. . WhitfieldSupreme Court of North Carolina · 1880

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