Keenan v. Commissioners of New Hanover County, 169 N.C. 246 (1915)

April 22, 1915 · Supreme Court of North Carolina

169 N.C. 246

THOMAS J. KEENAN v. COMMISSIONERS OF NEW HANOVER COUNTY and I. B. RHODES.

(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 & 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.

Bicaud & J ones and E. K. Bryan for plaintiff.

J. O. Garr and J. D. Bellamy for Bhodes.

Kenan & Stacy for commissioners.

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 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.