Supreme Court of North Carolina April 19, 1898 (Bernhardt v. Brown)

Clark, J.:

Upon the complaint and answer it appears that both sides claim under the “North Carolina Estate Company, Limited”. The 8th prayer for instruction by the defendants is that, ordinarily, when it is shown that both parties hold through a title from a common source it is not necessary to go beyond the common title, unless a superior title be shown by one of the parties with which he