North Carolina Reports; Cases Argued and Determined in the Supreme Court of North Carolina Volume 110

North Carolina Reports; Cases Argued and Determined in the Supreme Court of North Carolina Volume 110

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...should the p1aintiff, in the absence of the limited purpose splcified, be deemed to have intended to insure one part of its goods and not another? Besides, the care and caution of insurers, always observed by them, to limit their liability in plain and express terms, forbid the interpretation contended for by the plaintiff. In addition. in case of doubtful meaning their policies are to be taken most strongly against them. They execute them, and are presumed to be on their guard and observe due caution in expressing and defining their liability. Afiirmed. THE ROAN MOUNTAIN STEEL AND IRON COMPANY v. U. B. D.. EDWARDS. Action to Recover Land--Deed, Exceptions and Reserzvations in--Em'dence--Burden of Proof. When, in an action to recover land, the defendant sets up title under an exception in the deed under which plaintiff claims, the burden is upon him to bring himself within the exception by proper proofs. This was a ('IvIL ACTION for the recovery of land, tried by Bynum, J., at the Fall Term, 1891, of the Superior, Court of MITCH LL County, upon the following case agreed, to.wit: ( much of the case as is necessary totan understanding of the decision is set out.) 1. That on the thirteenth day of March, 1875, JohnjE. Brown and John J. Donaldson, by their attorney Wm. J. Brown, conveyed to John T. Wilder, by deed of general 1l0--23 warranty, a tractof land in Mitchell County, N. C., containing 45,000 acres more or less, fully described in said deed. 2. That on the __ day of October, 1877, the said John T. Wilder, et al., by deed of general warranty conveyed said tract of land, above mentioned, to the Roan Mountain Steel and Iron Company, plaintiff in this action, and said Company has been in possession of said land since said...
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Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • United States
  • English
  • black & white illustrations
  • 1236788974
  • 9781236788979