Moore v. . Thompson .
Supreme Court of North Carolina
This was an action or ejectment commenced before the new Constitution, tried before his Honor, Henry, J., upon the report of a referee at the last term of the Superior Court of Henderson county. The plaintiff had a judgment, and the defendants appealed. The facts are sufficiently stated in the opinion of the Court.
1Opinion of the Court
The plaintiff claims title to the lands in controversy under a grant from the State issued to John Miller in 1834, and it is admitted that he must recover, unless the defendants who claim under a grant from the State issued to George and Ephram Clayton in 1836 are protected by a peaceble [peaceable], open, uninterrupted and adverse possession of seven years.
The writ issued on the 10th of March, 1860. The facts (as found by the referee and stated in his award) are that in the month of January, 1853, the defendants put Winfield Fletcher in possession of the premises in dispute in order that he…
2Cited by5 opinions
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- Richmond Cedar Works v. PinnixDistrict Court, E.D. North Carolina · 1913
- New Mexico, R. G. & P. R. Co. v. CrouchNew Mexico Supreme Court · 1887