Mabe v. . Mabe

Citations

• 29 S.E. 843
• 122 N.C. 552
• 1898 N.C. LEXIS 300

Syllabus

<p>Action to Recover Land — Trial—Depositions in a Separate Action — Deed—Registration—Presumption.</p> <p>1. In the trial of an action a deposition regularly taken in another action between the same parties and involving the same subject matter is admissible as substantive evidence, and may be introduced whether the deponent has been examined as a witness in the case being tried, or not.</p> <p>2. The matters involved in an action on a note given for land and in an action to recover the land itself are so connected as to make a deposition taken in the former competent evidence in the latter when the two actions are between the same parties.</p> <p>3. In the trial of an action to recover land the defendant introduced a duly registered deed from the plaintiff to himself for the land in controversy. Held, that the due registration of the deed created a presumption of its execution which cast the burden of rebuttal on the plaintiff.</p>