Johnson v. . Prairie
Supreme Court of North Carolina
Civil ACTION for the recovery of land, in nature of ejectment, tried before Ciarle, Judge, and a jury, rat August Civil Term, 1885, of Wake Superior Court. The plaintiffs alleged that they were the owners in fee of the tract of land described in the complaint, as the heirs of Sarah Johnson, who died seized in fee of the same, and that the defendant is in possession thereof, and wrongfully withholds the same.
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Civil ACTION for the recovery of land, in nature of ejectment, tried before Ciarle, Judge, and a jury, rat August Civil Term, 1885, of Wake Superior Court. The plaintiffs alleged that they were the owners in fee of the tract of land described in the complaint, as the heirs of Sarah Johnson, who died seized in fee of the same, and that the defendant is in possession thereof, and wrongfully withholds the same. The defendant denied the title of Sarah Johnson and the plaintiffs, and that he wrongfully withheld the possession from the plaintiffs, and as to the plaintiffs being the heirs of Sarah…
1Opinion of the CourtAshe, J.
(after stating the facts). There was no question raised in the case, as to the title being out of the State, and we must therefore consider that as conceded.
The defendant based his defence mainly upon two grounds: 1st. That neither Sarah Johnson, under whom the plaintiffs claim, nor Henry W. Miller, acquired any titled to the land purported to be conveyed to the latter, by the deed of Henry Mordecai, of date December 23rd, 1855, and the plaintiffs have no right to maintain this action ; and, 2nd. That if said deed did pass the title, the plaintiff’s right of action is barred by the statute of…
2Cited by3 opinions
- Bland v. . BeasleySupreme Court of North Carolina · 1907
- Brewer v. . ChappelSupreme Court of North Carolina · 1888
- Killebrew v. . HinesSupreme Court of North Carolina · 1889