Overcash v. . Kitchie
Supreme Court of North Carolina
EjectmeNT tried at Spring Term, 1882, of Iredell Superior Court, before Eure, J. The following issues were submitted to the jury : 1. Is the plaintiff the sole owner and entitled to the possession of the land described in the complaint? 2. Does the dividing line between the plaintiff and defendant run from the pine designated in the plat to the red oak ? If not, to what point does it run? 3. Is the defendant in the wrongful possession of any part of the land ? 4. What…
Read the full summary
EjectmeNT tried at Spring Term, 1882, of Iredell Superior Court, before Eure, J. The following issues were submitted to the jury : 1. Is the plaintiff the sole owner and entitled to the possession of the land described in the complaint? 2. Does the dividing line between the plaintiff and defendant run from the pine designated in the plat to the red oak ? If not, to what point does it run? 3. Is the defendant in the wrongful possession of any part of the land ? 4. What damages is plaintiff entitled to? 1. During the trial the defendant introduced evidence tending to show that the plaintiff had…
1Opinion of the CourtMeueiMON, J.
We have examined the several exceptions of the defendant and are of opinion that no one of them can be sustained.
1. The defendant introduced testimony tending to show that the plaintiff at one time before the bringing of the action agreed to allow the county surveyor, not, however, acting as a regular processioncr, to run and mark the line in question along the disputed part thereof. The plaintiff introduced testimony tending to show the contrary, and, further, that this line as claimed by him had been settled in his favor by award.
The counsel for the defendant asked the court to submit the…
2Cases cited3 opinions
- Chandler v. SpearSupreme Court of Vermont · 1850
- Mitchell v. . BrownSupreme Court of North Carolina · 1883
- Hodges v. FoxSupreme Court of Vermont · 1863
3Cited by13 opinions
- State v. . TuckerSupreme Court of North Carolina · 1925
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Allred v. Smith.Supreme Court of North Carolina · 1904
- Allen v. . SalingerSupreme Court of North Carolina · 1889
- Brittain v. . DanielsSupreme Court of North Carolina · 1886
8 more not listed; retrieve them via the Exa API.