Legal Opinion

Perkins v. . Presnell

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 5 opinions

Ciyil ACTION — ejectment—tried before MacRae, J., at Spring Term, 1887, of Bukke Superior Court. Judgment for plaintiffs. Defendants appealed. The facts are stated in the opinion.

1Opinion of the CourtSmith, C. J.

The action is prosecuted by the plaintiffs to recover possession of the rectangular tract of land described in the complaint, and withheld by the defendants, the title to which is brought into controversy in the pleadings, and the only issues submitted to the jury were:

1. Are the plaintiffs the owners and entitled to the land mentioned in the complaint ? The response being in the affirmative.

2. What damages, if any, have the plaintiffs sustained ? The answer returned: One penny.

On the trial the plaintiffs produced in evidence a grant for 100 acres, issued in 1803, to Benjamin White; a deed…

2Cases cited2 opinions

  1. Munds v. . CassideySupreme Court of North Carolina · 1887
  2. Beam v. . JenningsSupreme Court of North Carolina · 1883

3Cited by5 opinions

  1. Speed v. PerrySupreme Court of North Carolina · 1914
  2. Speed v. . PerrySupreme Court of North Carolina · 1914
  3. Munds v. . CassideySupreme Court of North Carolina · 1887
  4. Barbee v. . CannadySupreme Court of North Carolina · 1926
  5. Farabow v. . GreenSupreme Court of North Carolina · 1891

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