Jennings v. . Reeves
Supreme Court of North Carolina
This is a civil ACTION, which was tried, before Clark, J., at Spring Term, 1888, of the Superior Court of Wilees County.
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This is a civil ACTION, which was tried, before Clark, J., at Spring Term, 1888, of the Superior Court of Wilees County. The complaint alleges, in substance, that in 1860 the defendant, Daniel Jennings, made and executed a deed, conveying the lands mentioned in the complaint to his son, D. 5. Jennings, in fee simple; that D. S. Jennings, the grantee, died in the year 1863, intestate, and the plaintiff is his only child and heir-at-law ; that after the death of D. S. Jennings, the defendant, Daniel Jennings, procured said deed, without the knowledge or- consent of the plaintiff, who was then…
1Opinion of the CourtDavis, J.
(after stating the case.) The record presents two exceptions, the first to the parol evidence offered to prove the execution and destruction of .the deed from Daniel Jennings to D. S. Jennings, and the second to the refusal of the Court to charge as requested.
As to the first exception : From the very nature of the allegation, if proved at all, it must be by parol evidence; but it is said this cannot be done in an action of ejectment, and the deed, before it can be offered in evidence, must first be established in a direct proceeding for that purpose and registered. It has been frequently held…
2Cases cited6 opinions
- Mobley v. . WattsSupreme Court of North Carolina · 1887
- Davis v. . InscoeSupreme Court of North Carolina · 1881
- Phifer v. . BarnhartSupreme Court of North Carolina · 1883
- Triplett v. . WitherspoonSupreme Court of North Carolina · 1876
- McMillan v. . EdwardsSupreme Court of North Carolina · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Brown v. HutchinsonSupreme Court of North Carolina · 1911
- Brown v. . HutchinsonSupreme Court of North Carolina · 1911
- Hinton v. MooreSupreme Court of North Carolina · 1905
- Powers v. MurraySupreme Court of North Carolina · 1923