Yancey v. . Greenlee
Supreme Court of North Carolina
EjectmeNT tried at Spriug Term, 1879, of McDowell Superior Court, before Graves, J. The complaint is in the usual form for the recovery of land, averring ownership in the plaintiffs and their right to the possession of the tract of land described with definite boundaries, and the wrongful occupation and withholding by the defendant.
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EjectmeNT tried at Spriug Term, 1879, of McDowell Superior Court, before Graves, J. The complaint is in the usual form for the recovery of land, averring ownership in the plaintiffs and their right to the possession of the tract of land described with definite boundaries, and the wrongful occupation and withholding by the defendant. The defendant’s answer denies the .plaintiffs’ title and their claim to sole and exclusive possession, admits himself to be “ in the possession of certain lands immediately adjoining the lands described in the first paragraph of the plaintiffs’ complaint, by the…
1Opinion of the Court
Síiith, C. J.,
after stating the case. There is no assignment of errors accompanying the record, and from an inspection, we can discover none.
The appellant’s counsel suggests that the defence rests upon an alleged tenancy in common of the land, with the assent of one of whom the defendant occupies, and that an issue should have been framed to present that matter to the jury. The answer to this is obvious:
I. The plaintiffs do not sue for the recovery of the adjoining tract to which the defence applies, according to the defendant’s own statements, but land which, though it may be held by them…
2Cases cited1 opinion
- Hutchison v. . RumfeltSupreme Court of North Carolina · 1880
3Cited by12 opinions
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Allred v. Smith.Supreme Court of North Carolina · 1904
- Lance v. CogdillSupreme Court of North Carolina · 1953
- Thames v. . JonesSupreme Court of North Carolina · 1887
- Allen v. . SalingerSupreme Court of North Carolina · 1889
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