Legal Opinion

Cross v. Seaboard Air Line Railway Co.

Supreme Court of North Carolina

Decided October 4, 1916PublishedCited by 3 opinions

Civil actioN tried before Lyon, J., and a jury, at May Term, 1916, of Lee.

1Opinion of the CourtWalker, J.

The action was brought to recover a parcel of land in the town of Sanford outside of the defendant’s right of way, and designated on the map filed in this Court with the record by the figures 1, 3, 4, and 5. It seems that the parties claimed from a common source of title, John W. Scott, and defendant also claimed the land by adverse possession for twenty years; and upon this branch of the ease the court charged the jury as follows: “Adverse possession must be continuous. There must not be any break at all — no moment of time when the land is not occupied; but it must be an intention to take…

2Cases cited19 opinions

  1. Mobley v. . GriffinSupreme Court of North Carolina · 1889
  2. Runyan v. Lessee of CosterSupreme Court of the United States · 1840
  3. Locklear v. . SavageSupreme Court of North Carolina · 1912
  4. Bryan v. . SpiveySupreme Court of North Carolina · 1891
  5. McLean v. . SmithSupreme Court of North Carolina · 1890

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3Cited by3 opinions

  1. Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
  2. Alexander v. . Cedar WorksSupreme Court of North Carolina · 1919
  3. Lacey v. Ideal Hosiery Co.Supreme Court of North Carolina · 1922

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