Cowles v. . Hall
Supreme Court of North Carolina
EJECTMENT tried at Spring Term, 1883, of Wilkes Superior Court, before Graves, J. The plaintiffs claim to be, but the defendant denies that they are the owners of. the land described in the complaint, and admits he is in possession.
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EJECTMENT tried at Spring Term, 1883, of Wilkes Superior Court, before Graves, J. The plaintiffs claim to be, but the defendant denies that they are the owners of. the land described in the complaint, and admits he is in possession. The following issues were submitted to the jury: 1. Are the plaintiffs the owners, and entitled to the possession of the land described in the complaint? 2. If the plaintiffs have sustained damage, what is the amount thereof? On the trial the plaintiffs offered in evidence a grant from the state to James D. Cowles, from whom they claimed as heirs, and also offered…
1Opinion of the CourtAshe, J.
The statement of the case on appeal does not show that there was any evidence offered on. the trial to show that there was any interruption of three years in the possession of the defendant, anti those who preceded him in the occupation of the land in controversy, except what may be inferred from the instruction asked of the court upon that point. But taking it for granted that there was such evidence, the instruction given by His Honor in response to the enquiry submitted by the jury is so obscure that it is difficult to surmise what he meant. If, when he told the jury that “an abandonment…
2Cases cited2 opinions
- Melvin v. . WaddellSupreme Court of North Carolina · 1876
- Davis v. . McArthurSupreme Court of North Carolina · 1878
3Cited by9 opinions
- Hamilton v. . IcardSupreme Court of North Carolina · 1894
- Mallett v. . SimpsonSupreme Court of North Carolina · 1886
- Everett v. . SpencerSupreme Court of North Carolina · 1898
- Phipps v. . PierceSupreme Court of North Carolina · 1886
- Speight v. Seaboard Air Line RailwaySupreme Court of North Carolina · 1912
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