Whitaker v. Jenkins.
Supreme Court of North Carolina
ActioN by Jesse L. "Whitaker and others against Russell Jenkins and others, heard by Judge T. J. Shaw, at the December Term, 1904, of the Superior Court, of Buncombe County. From a judgment overruling a demurrer to the answer of the defendant, Russell Jenkins, the plaintiffs appealed. This is a proceeding for partition.
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ActioN by Jesse L. "Whitaker and others against Russell Jenkins and others, heard by Judge T. J. Shaw, at the December Term, 1904, of the Superior Court, of Buncombe County. From a judgment overruling a demurrer to the answer of the defendant, Russell Jenkins, the plaintiffs appealed. This is a proceeding for partition. Josiah Jenkins, who owned the land, devised it as follows: “I will and devise to my wife, Martha, all the land which I now own with the full benefit of all the buildings and farm as her own right and property during her life or until her three sons, Thomas Erwin, Joshua and…
1Opinion of the Court
Walker, J.,
after stating the facts: In actions to recover land, wherein the plaintiff alleges title and right to the possession, it is generally sufficient for the defendant to make a simple denial and introduce evidence of his possession' for twenty years, or of his possession under color for seven years, in support of his denial. It is not necessary to plead the statute specially. Farrior v. Houston, 95 N. C., 578; Mfg. Co. v. Brooks, 106 N. C., 107; Cheatham v. Young, 113 N. C., 161. Whether this familiar principle applies to an action between tenants in common, we need not stop to…
2Cases cited9 opinions
- Helms v. Helms.Supreme Court of North Carolina · 1904
- Gray v. . WestSupreme Court of North Carolina · 1885
- Bullin v. Hancock.Supreme Court of North Carolina · 1905
- Wall v. . WallSupreme Court of North Carolina · 1900
- Tilley v. . KingSupreme Court of North Carolina · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rhea v. Craig.Supreme Court of North Carolina · 1906
- Goldsboro Lumber Co. v. Hines Bros. Lumber Co.Supreme Court of North Carolina · 1910
- Newbern v. BarnesCourt of Appeals of North Carolina · 1969
- Henry v. . BallardSupreme Court of North Carolina · 1816
- Hinman v. CornettCourt of Appeals of North Carolina · 2023