Legal Opinion

Justice v. . Eddings

Supreme Court of North Carolina

Decided June 5, 1876PublishedCited by 5 opinions

Civil ActioN, for the recovery of two acres of land, tried before his Honor, Judge Schenck, at Spring Term, 1875, of the Superior Court of CleavelaND County. A jury trial was waived, and the whole matter was tried by the Court. The plaintiff introdued a deed', properly registered from one Beam to himself, dated 12th September, 1863, for forty acres of land, including the locus in quo.

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Civil ActioN, for the recovery of two acres of land, tried before his Honor, Judge Schenck, at Spring Term, 1875, of the Superior Court of CleavelaND County. A jury trial was waived, and the whole matter was tried by the Court. The plaintiff introdued a deed', properly registered from one Beam to himself, dated 12th September, 1863, for forty acres of land, including the locus in quo. Also, a deed from the plaintiff to Spencer Eddings, the husband of the defendant, now dead, dated 14th September, 1863, for 18 acres of the same land, which also included the locus in quo. In this last deed was…

1Opinion of the CourtPearsoN, C. J.

Title to land cannot be passed where a third person is in the actual adverse possession ; hence, in the action of ejectment under the old mode of procedure, it was the practice to lay a demise in the name of the grantor, and demises in the name of any one of the persons in the chain of mesne conveyances under whom the lessor claimed, as the pleader was advised.

C. C. P. excludes this convenient mode of having several counts, and as a substitute therefor, provides, sec. 55, “ an action may be maintained by a grantee of land in the name of a grantor, when the grant is void by reason of the…

2Cited by5 opinions

  1. Dempsey v. . RhodesSupreme Court of North Carolina · 1885
  2. Bailey v. . BrownSupreme Court of North Carolina · 1890
  3. Mills v. EdgellWest Virginia Supreme Court · 1911
  4. Hardison v. LilleySupreme Court of North Carolina · 1953
  5. Robbins v. . HarrisSupreme Court of North Carolina · 1887

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