Ellis v. . Harris

Citations

• 11 S.E. 248
• 106 N.C. 395

Syllabus

<p>Action to Recover Land — Locating Boundaries — Payment of Taxes — Declarations Against Interest — Competent Testimony — Possession—Deed—Quantity Conveyed.</p> <p>1. The payment of taxes ante'iitem motam is some evidence to go to a jury upon an issue of title to land.</p> <p>2. In an action to recover land, declarations made by one in possession . as to what he owned being against his interest and the interest of the party offering .them in evidence, and previous to the sale by the Sheriff who executed the deed under which the party claims, are competent.</p> <p>3. So, declarations made by one in possession while engaged in running a survey, being explanatory of his possession and against his interest, are competent.</p> <p>4. Such testimony is likewise competent to contradict what other witnesses have said relative to the same matter. 5. A deed sets forth the boundaries of land, and the testimony locates them; when the latter is conflicting, the jury must pass upon its weight.</p> <p>6. The plaintiff must recover on the strength of his own title. It is not necessary that the defendant should show title.</p> <p>7. When the boundaries of land are established and known, the number of acres called for by the deed is immaterial to determine quantity conveyed; but when the question is one of locating the boundaries, the number of acres may then be considered, in connection with other testimony, to ascertain what is the land covered by the deed.</p> <p>8. It cannot be contended that an action is for possession only, the land having been taken by force, when the pleadings distinctly raise the issue of title.</p>