Opinion

State Ex Rel. Wooten v. White

  • 125 N.C. 403
  • 34 S.E. 508
  • 1899 N.C. LEXIS 228
Court
Supreme Court of North Carolina
Filed
Dec 5, 1899
Status
Published
Author
EuRch
On the bench
Montgomery, Eurch
Cited by
0 cases

The opinion

EuRch.es, J.,

concurring. I concur in the judgment of the Court that there was error in dismissing this action as to the defendant Conger, for the following reason: That the answer of Conger, which was offered in evidence, admitted title in the plaintiff Wooten; and the defendant Conger showed no title in himself.

This being so, the Court should have instructed the jury that upon all the evidence, if believed, they should find that the plaintiff was entitled to recover.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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