Covington v. . Stewart
Supreme Court of North Carolina
'Civil Action tried at Spring Term, 1877, of RichMOnd •Superior Court, before McKoy, J. . E. P. Covington, the guardian of the heirs of John P. Covington, deceased, filed a petition in the nature of a special .proceeding in the Probate Court of Richmond County, against Eliza J. Covington, widow of said deceased, praying' for an order to sell the land (house and lot) in controversy for partition between the parties to said proceeding.
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'Civil Action tried at Spring Term, 1877, of RichMOnd •Superior Court, before McKoy, J. . E. P. Covington, the guardian of the heirs of John P. Covington, deceased, filed a petition in the nature of a special .proceeding in the Probate Court of Richmond County, against Eliza J. Covington, widow of said deceased, praying' for an order to sell the land (house and lot) in controversy for partition between the parties to said proceeding. The order was obtained, sale made and confirmed, and a deed executed to the purchaser. Subsequently said guardian and said purchaser filed an affidavit setting…
1Opinion of the Court
ByNüm, J.
The possession of one tenant in common is the possession in law of all; but if one have the sole possesion for twenty years without any acknowledgment on his part of title in his co-tenant, and without any demand or claim on the part of such co-tenant to rents, profits or possession, he being under no disability during the time, the law in such cases raises a presumption that such sole possession is rightful and will protect it. In such cases where the tenant who has beeu out of possession brings ejectment, it has been held that his entry is tolled and that he cannot recover. Black…
2Cases cited1 opinion
- Day v. . Howard and BakerSupreme Court of North Carolina · 1875
3Cited by23 opinions
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- Page v. . BranchSupreme Court of North Carolina · 1887
- Ward v. . Farmer SoutherlandSupreme Court of North Carolina · 1885
- Brewer v. BrewerSupreme Court of North Carolina · 1953
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