Edwards v. . Jaris
Supreme Court of North Carolina
This was a Civil AotioN, for the recovery of the possession of land, tried before Fur ches, J., at Fall Term, 1875, of Ar.~ leghANY Superior Court. The case was heard upon facts agreed, which are fully set-out in the opinion of Justice Settle. The defendant relied upon the statute of limitations. The-court rendered judgment in favor of the plaintiff, and thereupon the defendant appealed.
1Opinion of the CourtSettle, J.
The record presents the following facts :
1. The plaintiff has the older chain of title, and it covere-the land in dispute.
2. The defendant took a deed for the land on the 23d day of September, 1865, and went into possession on that day, and has held possession thereof ever since, under his said deed*
3. This suit was commenced on the 11th day of Api’il, 1873*
Is the action barred by the lapse of time ?
The general proposition, that the time elapsed from the 20th day of May, 1861, until 1st day of January, 1870, shall not be counted so as to bar actions or suits, or to presume satisfaction or…
2Cases cited1 opinion
- Hawkins v. . SavageSupreme Court of North Carolina · 1876
3Cited by4 opinions
- Bruner v. . ThreadgillSupreme Court of North Carolina · 1883
- Pearsall v. . KenanSupreme Court of North Carolina · 1878
- Price v. . JacksonSupreme Court of North Carolina · 1884
- Hawkins v. . SavageSupreme Court of North Carolina · 1876