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SANDLIN v. WEAVER

No. 162.

83 S.E.2d 806 (1954)

240 N.C. 703

George W. SANDLIN and wife, Lula D. Sandlin, v. Madeline Mashburn Taylor WEAVER, Individually, and as Trustee for Mamie Sandlin Mashburn and Mamie Sandlin Mashburn.

Supreme Court of North Carolina.

October 13, 1954.

Attorney(s) appearing for the Case

Proctor & Dameron, Marion, for plaintiffs-appellants.

Styles & Styles, Asheville, for defendants-appellees.

BOBBITT, Justice.

Plaintiffs contend that the two instruments, the deed and the contract, bearing date of 28 May, 1923, were executed at the same time. Defendants contend otherwise. "The date recited in a deed or other writing is at least prima facie evidence that the instrument was executed and delivered on such date." Stansbury on Evidence, sec. 229; Turlington v. Neighbors, 222 N.C. 694, 24 S.E.2d 648; Fortune v. Hunt, 149 N.C. 358, 63 S.E. 82; Kendrick...

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