Lenoir v. Valley River Mining Co.
Supreme Court of North Carolina
This was a civil actjoN, tried at Fall Term, 1888, of Cherokee Superior Court, before Boykin, J. The plaintiffs allege in their complaint that they are the owners in fee of the land specified therein; that the defendant is in possession thereof, and unlawfully withholds the same from them, &c.
Read the full summary
This was a civil actjoN, tried at Fall Term, 1888, of Cherokee Superior Court, before Boykin, J. The plaintiffs allege in their complaint that they are the owners in fee of the land specified therein; that the defendant is in possession thereof, and unlawfully withholds the same from them, &c. The defendant admits that the plaintiffs are part owners in fee of the land, but it alleges that it is the owner in fee of an undivided one-third part thereof, and is tenant in common with the plaintiffs; that it is lawfully in possession, and is willing that the plaintiffs shall be so in possession of…
1Opinion of the Court
MerrimoN, C. J.:
It was admitted by the defendant that the plaintiffs were part owners of the land. But this admission did not entitle them to be let into possession of the whole thereof as sole owners, or for themselves and others who might claim to be part owners as against the defendant. As to the undivided one-third part claimed by it, the burden was on the plaintiffs to show title thereto in themselves, and failing in this, the defendant having possession, had the right to remain so, as tenant 'in common with the plaintiff as part owners only.
The plaintiffs alleged that they were sole…
2Cases cited2 opinions
- Allen v. . SalingerSupreme Court of North Carolina · 1889
- Overcash v. . KitchieSupreme Court of North Carolina · 1883
3Cited by5 opinions
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Lenoir v. Valley River Mining Co.Supreme Court of North Carolina · 1893
- Moody v. . JohnsonSupreme Court of North Carolina · 1893
- Henning v. . WarnerSupreme Court of North Carolina · 1891
- State Ex Rel. Attorney-General v. Burley Tobacco Growers' Co-Operative Ass'nCourt of Appeals of Tennessee · 1926