Spencer v. . Weatherly
Supreme Court of North Carolina
This was an action of Trespass q. e. /., tried before his Honor Judge Bailey, at the Spring Term, 1854, of Tyrrell Superior Court. The plaintiff showed title to the locus in quo, by reading a deed in fee simple for the premises, with warranty of title from the defendant to the plaintiff, executed six months previously to the beginning of this action.
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This was an action of Trespass q. e. /., tried before his Honor Judge Bailey, at the Spring Term, 1854, of Tyrrell Superior Court. The plaintiff showed title to the locus in quo, by reading a deed in fee simple for the premises, with warranty of title from the defendant to the plaintiff, executed six months previously to the beginning of this action. The land conveyed by this deed was a small tract of nine acres, of which about one acre was cleared, upon which there was a dwelling house, in which the defendant continued to reside from the date of the deed up to the date of the writ. There was…
1Opinion of the CourtNash, C. J.
On the part of the defendant, it is contended, that the action cannot be maintained, as he was, at the time the trespass was committed, in the actual adverse possession of the locus in quo. If this be so, the action is misconceived. The action of trespass, quare clausum fregit, is a remedy for an injury done to the possession. It is necessary, therefore, that the plaintiff should show that, in law, the possession was in him. In the present case, the defendant had sold and conveyed the land upon which the injury was done to the plaintiff It consisted of nine acres, one only of which was…
2Cited by2 opinions
- Tripp v. . LittleSupreme Court of North Carolina · 1923
- Hamilton v. . BuchananSupreme Court of North Carolina · 1893