Lyerly v. . Wheeler

Decided August 5, 1851

Supreme Court of North Carolina · decided 1851-08-05

<p>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.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1851-08-05

How this case has been cited

Cited by 4 later decisions — most recently September 1956

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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*291 Pearson, J.

¶1 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.

¶2 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.

¶3 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.

¶4 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

¶5 Per Curiam. fut1* kmed. LIBEAEf.