Brothers v. Howard

2 Citing cases

  1. Poore v. Swan Quarter Farms

    94 N.C. App. 530 (N.C. Ct. App. 1989)   Cited 11 times

    Plaintiffs claim they met their burden by showing a deed from a common source of title granting plaintiffs one-half interest in the property and because defendants offered no evidence to refute this title. Plaintiffs rely on the following statement from Brothers v. Howard, 57 N.C. App. 689, 292 S.E.2d 139 (1982), in support of their proposition: Plaintiffs have introduced their record title to the property.

  2. U.S. v. Kubalak

    365 F. Supp. 2d 677 (W.D.N.C. 2005)   Cited 2 times

    A standard and acceptable method of proving superior title to real estate in North Carolina is accomplished by a plaintiff "connect[ing] the defendant with a common source of title, and show[ing] in himself a better title from that source." Mobley v.Griffin, 104 N.C. 112, 105 S.E.2d 142 (1889); Brothers v.Howard, 57 N.C. App. 689, 691, 292 S.E.2d 139, 141 (1982). A description of both Plaintiff's and Defendant's lands first appears in the March 1890 decree recorded in Haywood County, North Carolina, Register of Deeds, in Deed Book 1 page 1, known as the Scottish Timber Reserve. Plaintiff's Exhibit 3-A. This decree conveys "a tract of forty five hundred acres of land" to the Scottish Carolina Timber Land Co., Ltd. Id, at 1.