Superior Court of North Carolina, 1806

Pearse v. Templeton.

Superior Court of North Carolina · Decided January 5, 1806 · Hall

3 N.C. 379

Counsel

Harris , for the defendant, objected that Templeton was no party to that ejectment, and that it ought not to be read against him. E contra , it was argued that it ought to be read as prima facie evidence of title in the defendant in that action, leaving it to (380) Templeton to show, if he could, that the verdict was by Covin, or that the title was not in Joseph Pearse; and the counsel cited 1 Wn. 306 to 308.

Opinion of the Court

Hall, Judge.-

The record ought to be read, but can prove no more than that the plaintiff did not recover. It will not be of itself, proof that Joseph Pearse had tide.

The record tvas read, and Judge Hall directed the jury that the plaintiff should have proved Joseph Pearse’s title ; and that he had not done so, for the record was not evidence of that j and the plaintiff hearing the opinion of the court, suffered

A nonsuit.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.