Lyerly v. Wheeler, 34 N.C. 290, 12 Ired. 290 (1851)

Aug. 1851 · Supreme Court of North Carolina

34 N.C. 290, 12 Ired. 290

DOE ON DEMISE OF ISAAC LYERLY vs. CLAUDIUS B. WHEELER.

The date of a deed or other writing is prima facie evidence of the time of its execution, upon the principle, that the acts of every person, in transacting ■business, are presumed to be consistent with truth, in the absence of any motive for falsehood.

Appeal from the Superior Court of Law of Rowan County, Spring Term 1851, his Honor Judge Battle presiding.

This was an action of ejectment. The facts are stated in the opinion of the Court.

Craig and Osborne, for the plaintiff.

Boyden, for the defendant.

Pearson, J.

The lessor claimed title under a sheriff’s sale and deed. The demise was on the 6th of November 1848. The deed was dated on the same day.

The defendant contended, that the date of the deed was no evidence that it was executed on that day, and the plaintiff could not recover without proving, that it was executed on the day it bore date.

The Court charged, that the date of the deed was prima facie evidence of the time of its execution. To this, the defendant excepts; which is the only point made in the case.

There is no error. The date of the deed or other writing is prima facie evidence of theiime of its execution, upon the general principle, that the acts of every person, in transacting business, are presumed to f^ggJ^fesjfSj^ith truth, in the absence of any motive for

Per Curiam. fut1* kmed. LIBEAEf.