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Keenan v. Commissioners

Supreme Court of North Carolina
Apr 1, 1915
85 S.E. 5 (N.C. 1915)

Opinion

(Filed 22 April, 1915.)

Judgment — Strangers — Estoppel — Divisional Line of Lands — Chain of Title — Evidence.

A judgment roll is incompetent as evidence to estop in a separate action one who was not a party from claiming a different divisional line of lands than therein established, though held, in this case, as competent to be shown as a mere link in the plaintiff's chain of title.

Ricaud Jones and E. K. Bryan for plaintiff.

J. O. Carr and J. D. Bellamy for Rhodes.

Kenan Stacy for commissioners.


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 G. 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 that of the defendant Rhodes, it appearing that Rhodes (247) 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.


Summaries of

Keenan v. Commissioners

Supreme Court of North Carolina
Apr 1, 1915
85 S.E. 5 (N.C. 1915)
Case details for

Keenan v. Commissioners

Case Details

Full title:THOMAS J. KEENAN v. COMMISSIONERS OF NEW HANOVER COUNTY AND I. B. RHODES

Court:Supreme Court of North Carolina

Date published: Apr 1, 1915

Citations

85 S.E. 5 (N.C. 1915)
169 N.C. 246

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