Keenan v. Commissioners of New Hanover County

Supreme Court of North Carolina
Keenan v. Commissioners of New Hanover County, 85 S.E. 5 (N.C. 1915)
169 N.C. 246; 1915 N.C. LEXIS 191
PER CURIAM.

Keenan v. Commissioners of New Hanover County

Opinion of the Court

Pee Cubiam.

This is a petition to rehear the above cause, reported 167 N. C., 357. On the trial the court permitted the introduction of a judgment roll in the case of Thomas J. Keenan v. City of Wilmington and Louisa Gr. Wright.

We hold that the said judgment roll was not competent evidence for the purpose of locating the division line between the plaintiff’s land and *247 that of the defendant Rhodes, it appearing that Rhodes was not a party to the said action and not bound by the judgment.

Such judgment is not competent for the purpose of estopping Rhodes in locating the division line between him and the plaintiff. If it is to be used as a mere link in the plaintiff’s chain of title, it is competent for that purpose.

The petition to rehear is

Dismissed.

Reference

Full Case Name
Thomas J. Keenan v. Commissioners of New Hanover County and I. B. Rhodes.
Cited By
2 cases
Status
Published