Monk v. Wilmington.
Supreme Court of North Carolina
AgtioN by John W. Monk and another against the city of 'Wilmington, beard by Judge M. U. Justice and a jury, at April Term, 1901, of the Superior Court of New HaN-over County. Erom a judgment for the plaintiffs the defendant appealed.
1DissentDouglas, J.
The plaintiff seeks to recover upon a title founded upon a disseizin, followed by twenty years adverse possession. It is conceded that the original trespass by the plaintiff's ancestor was wrongful. This does not necessarily mean that it was such an ouster as put the true owner to an action of ejectment, and thereby put the statute of limitations into operation. His Honor correctly told the jury that such possession to ripen into title must be open, notorious, continuous, exclusive, adverse, etc. The defendant insists that this has not been (323) shown.
The plaintiff John W. Monk says that his…
2Cases cited5 opinions
- Bryan v. . SpiveySupreme Court of North Carolina · 1891
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3Cited by7 opinions
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- Stewart v. . McCormickSupreme Court of North Carolina · 1913
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