Isler v. . Colgrove
Supreme Court of North Carolina
This was a Civil Action, in the nature of Ejectment, originally commenced in the Superior Court of Jones County, and thence removed by consent to Carteret County, where it was tried before his Honor, Judge M'cKoy, at August Term, 1875. The following are the substantial points in the statement of the ease accompanying the record, omitting only those which have no bearing whatever upon the points raised and decided in this court; The plaintiff, in support of his title,…
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This was a Civil Action, in the nature of Ejectment, originally commenced in the Superior Court of Jones County, and thence removed by consent to Carteret County, where it was tried before his Honor, Judge M'cKoy, at August Term, 1875. The following are the substantial points in the statement of the ease accompanying the record, omitting only those which have no bearing whatever upon the points raised and decided in this court; The plaintiff, in support of his title, introduced the trans-script of a record of the Superior Court of Jones county, from which it appeared that at August Term,…
1Opinion of the CourtRodmaN, J.
It is admitted of course .’that the burden is; on the plaintiff to show a title in himself to the land in controversy. This he claims to have done by the following evidence, briefly stated:
A judgment in favor of Aycock v. Harrison, (former owner of the land,) at August Term, 1861, of Wayne County Court.. An execution issuing thereon levied on the land, which levy was kept alive by subsequent alias executions duly issued, from term to term, until under the last of them the land, was sold by Pearce, sheriff of Jones, on the 7th May, 1872,. when plaintiff became the purchaser, and a. deed- from…
2Cases cited2 opinions
- McKee, Sheriff v. . LinebergerSupreme Court of North Carolina · 1873
- B. M. Isler v. . John S. AndrewsSupreme Court of North Carolina · 1872
3Cited by6 opinions
- Bernhardt v. . BrownSupreme Court of North Carolina · 1896
- Bernhardt v. BrownSupreme Court of North Carolina · 1896
- Sorrell v. . McGheeSupreme Court of North Carolina · 1919
- Sharpe v. . WilliamsSupreme Court of North Carolina · 1877
- State Ex Rel. Titman v. RhyneSupreme Court of North Carolina · 1883
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