Doggett v. Hardin.
Supreme Court of North Carolina
Action by E. H. Doggett and others against P. H. Hardin and others heard by Juclge E. B. Jones at March Term, 1903, of the Superior Court of Rutherford County. From a judgment of nonsuit, the plaintiffs appealed.
1Opinion of the CourtDouglas, J.
This is an action apparently for the recovery of land, with damages resulting from its unlawful detention, although the exact nature of the relief demanded and indeed of the plaintiff’s claim, does not clearly appear in the pleadings. However, we will treat it as an -action in the nature of ejectment, which in its origin and essential features is a possessory action. It is true this form of action has been long since adopted as the usual method of determining the title to land, but from its very nature it will not lie against one not in possession. This is equally true whether the action is…
2Cited by1 opinion
- Wilson v. . WilsonSupreme Court of North Carolina · 1917