Supreme Court of North Carolina December 15, 1838 (Den ex dem. Shober v. Hauser)

Gaston, Judge,

who having stated the case as above, proceeded as follows : The plaintiff had no claim to recover except upon the demise of Salathiel Stone. There was no evidence of title in Bagge, and if Shober ever had any legal estate, it passed by his conveyance to Stone. The correctness of the instruction is therefore to be considered in reference to his demise.