85 S.E. 417 | N.C. | 1915
This is a civil action for the recovery of 640 acres of land. Plaintiff introduced evidence of a grant, No. 144, from the (223) State, for the land in dispute, to J. F. Foster, and mesne conveyances showing that W. N. Hedden had acquired the title so granted. He then showed a judgment of the Superior Court of Jackson County, rendered in a civil action, wherein he was plaintiff and W. N. Hedden was defendant, at Spring Term, 1897, involving title to the land described in Grant No. 144, by which it was adjudged that the said W. N. Hedden was not the owner of the said land, but that the plaintiff was the owner thereof, and that a writ of possession issue to put him in possession of the same. This established that the title was in the plaintiff to this suit, so far as the parties thereto are concerned, and at least primafacie. Mobley v. Griffin,
The plaintiff, we have said, had shown title to the land, at least primafacie. The defendant contends, though, that the judgment was not properly a connecting link in his title; but we have held that it is, and that it has the force and effect of a deed. Finch v. Finch,
On a careful review of the whole case, we are satisfied that there was no error in the trial below.
No error.
Cited: Bradford v. Bank,