# State Ex Rel. Wooten v. White

> Supreme Court of North Carolina · December 5, 1899 · 125 N.C. 403

URL: https://www.frixlaw.com/law-library/cases/9809398

## Case

- **Full name:** State on Relation of EDWARD WOOTEN v. M. A. WHITE, THOMAS J. CONGER, Et Al.
- **Court:** Supreme Court of North Carolina
- **Decided:** December 5, 1899
- **Citations:** 125 N.C. 403; 34 S.E. 508; 1899 N.C. LEXIS 228
- **Precedential status:** Published
- **Opinion:** Concurrence by EuRch
- **Judges:** Montgomery, Eurch
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9809398

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9809398. Public record. Not legal advice.