Beaufort County NcArchives Court.....Whitehurst, Vs. Banks 1811-18 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 June 13, 2008, 12:01 am Source: North Carolina Reports Written: 1811-18 July Term 1818. Doe on Demise of WHITEHURST and Wife v. BANKS. From Beaufort. Ejectment. The declaration contained but one demise of the whole tract of land therein described; plaintiffs proved title to an undivided third part only, as tenants in common with one Joseph White. Defendant claimed the whole tract under a purchase made at a sheriff's sale by virtue of an execution, to which defendant was not a party, and on the trial produced in evidence the sheriff's deed and the execution, but did not produce the judgment. It also appeared that to one-ninth part of the tract plaintiffs had a title not derived through the person against whom the execution had issued. The judge charged that though plaintiffs had declared for the whole, yet they might recover an undivided third part; and that the defendant, claiming under a sheriff's deed, was bound to produce the judgment as well as the execution. Verdict for plaintiffs; new trial refused, and appeal. Per Curiam. The case of Bryan v. Brown, ante, 343, settles this case. Rule for a new trial discharged. Additional Comments: North Caroline Reports, Vol. 6, Cases Argued and Determined in the Supreme Court of North Carolina, Reported by A.D. Murphey, Annotated by Walter Clark. 1811 to 1813, Inclusive and at July Term, 1818. Reprinted by the State. E.M. Uzzell and Company, State printers and binders, 1910. File at: http://files.usgwarchives.net/nc/beaufort/court/whitehur587gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 2.0 Kb