Opinion
(December Term, 1831.)
A note given for the payment of rent, and proved by the subscribing witness to have been executed thirty years ante litem motam, is competent evidence to prove the date of the lessee's possession. But it is otherwise as to a recent admission of the lessee.
AFTER the new trial granted in this cause ( 13 N.C. 407), it came on to be tried again before his Honor, Daniel, J., at BURKE, on the last circuit, when the only question was, as before, whether Greenlee, under whom the defendant claimed, had a seven years possession, so as to perfect a paper title originally defective. To establish the commencement of Greenlee's possession, the defendant offered a note given for the rent of the land, signed by one Elrod and dated in the year 1800, and proved its execution by the deposition of the subscribing witness. No objection was made to the note going to the jury — and a verdict was returned for the defendant, when the plaintiff moved for a new trial because the note was improperly read. His Honor discharged the rule, and gave judgment for the defendant, and the plaintiff appealed.
Seawell and Gaston for plaintiff.
Badger contra.
Slight mistakes in offering evidence to a jury, and in the examination of witnesses, particularly when not objected to at the time, are not generally sufficient reasons for setting aside verdicts, upon objections taken for the first time after the verdicts are recorded.
In the present case, however, it does not appear that any mistake has happened. The note was read for no other purpose than to fix the time, from its date, when Elrod took possession of the land for which this suit is brought, in order to make out a seven years possession. The note was given by Elrod in the year 1800, and its execution proved by the subscribing witness. It cannot be believed that it was then given by Elrod to furnish evidence at this day that Elrod was tenant of the land at that time. The strong presumption is otherwise. I (262) admit that an acknowledgment of the note by Elrod of recent date would not be sufficient.
I think there is not the smallest pretense for granting a new trial.
PER CURIAM. Judgment affirmed.