Wiseman v. . Greene
Supreme Court of North Carolina
Civil action for the recovery of laud, being a couple of acres, upon which were situated a grist and saw mill, and damages are claimed for an alleged obstruction by defendant of a road leading to the mills, over his land. The answer admits the ownership by plaintiff of the mill property, and avers that the plaintiff, is in possession thereof, and denies any interference with it by defendant.
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Civil action for the recovery of laud, being a couple of acres, upon which were situated a grist and saw mill, and damages are claimed for an alleged obstruction by defendant of a road leading to the mills, over his land. The answer admits the ownership by plaintiff of the mill property, and avers that the plaintiff, is in possession thereof, and denies any interference with it by defendant. At the close of plaintiff’s evidence, the defendant moved to non-suit the plaintiff: first, for that the plaintiff had failed to show title out of the" State; secondly, the description in the plaintiff’s…
1Opinion of the Court
Fleches, J.:
Prom the complaint and trial of this case, it is difficult for us to determine what the plain tiff complains of- — 'Whether it was for possession of land, or for trespass on land, or for stopping up the plaintiff’s mill-road. Nor are we able to determine the grounds of the plaintiff’s complaint from the evidence introduced, or from the map filed, which shows as near nothing as it could well do, though made under order of the Court. It seems not to have been made upon the calls in the deed, nor by the allotment of the homestead; nor does it show the contention of the parties, nor…
2Cases cited3 opinions
- State v. . FisherSupreme Court of North Carolina · 1895
- Boyden v. . AchenbachSupreme Court of North Carolina · 1878
- Collins v. . PattersonSupreme Court of North Carolina · 1896
3Cited by1 opinion
- Wiseman v. Green.Supreme Court of North Carolina · 1900