Bynum v. . Carter
Supreme Court of North Carolina
Appeal from the Superior Court'of Law of Edgcomb County, at Spring Term, 1844,• his Honor Judge Pearson presiding. This was an action of trespass quart clausum frr.git, commenced in May, 1841. The locus in quo is a slip of land, about half a mile long and from 100 to 150 yards wide, containing about 26 acres.
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Appeal from the Superior Court'of Law of Edgcomb County, at Spring Term, 1844,• his Honor Judge Pearson presiding. This was an action of trespass quart clausum frr.git, commenced in May, 1841. The locus in quo is a slip of land, about half a mile long and from 100 to 150 yards wide, containing about 26 acres. The plaintiff shewed the title to be in Susan Hines on the first of September, 1840, as a part of a large tract, containing about 200 acres, which she sold and conveyed to the plaintiff by deed, hearing date the 1 st September, 1840, and containing a. general warranty, “ except as to a…
1Opinion of the CourtRuffin, C. J.
As the paper titles of Miss Hines and the defendant both covered the locus in quo, and that of the former was the better title, the possession of the disputed land was constructively in her, unless the acts of Ellis and the defendant amounted to actual possession of the locus in quo; in which case Miss Hines must be deemed to have been ousted of her possession of that part of the land covered by both conveyances. Carson v Burnell, 1 Dev. & Bat. 546. This brings up the question, whether* the making of turpentine, without a residence on the land, or the enclosing and cultivating a part of it in…
2Cited by13 opinions
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- Gibson v. DudleySupreme Court of North Carolina · 1951
- Alexander v. . Cedar WorksSupreme Court of North Carolina · 1919
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