John Den on Dem. Rogers v. Mabe
Supreme Court of North Carolina
This was an action of Ejectment, tried in Stokes Superior Court, before his Honor Judge Norwood, in which the plaintiff claimed, and sought to recover possession of the tract marked on the diagram “ 50 acres No. 1,” also of the tract marked “50 acres disputed,” and of the land lying south of. the last named tract, and. included between the lines S B, 53 0 and the river, of which the defendant was in the possession.
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This was an action of Ejectment, tried in Stokes Superior Court, before his Honor Judge Norwood, in which the plaintiff claimed, and sought to recover possession of the tract marked on the diagram “ 50 acres No. 1,” also of the tract marked “50 acres disputed,” and of the land lying south of. the last named tract, and. included between the lines S B, 53 0 and the river, of which the defendant was in the possession. The declaration stated a joint demise, and contained but one count. An order appeard on the record, allowing the. plaintiffs to amend the declaration, but no amendment appeared bn…
1Opinion of the Court
Huitín, Chief-Justice
The point principally argued in this case, is made upon the instruction of the judge who tried the cause, that the jury might presume a grant to the defendants ancestor.
The case upon which the instruction was given appears in the record to be this. Robert Mabe about the year 1763, settled on the land in dispute, which was then vacant and wild. He built houses, and opened a considerable plantation on it. After some time he removed to another place in the immediate neighborhood ; and then back to his former habitation; since which time, ho or his children, have continually…
2Cases cited1 opinion
- Ricard v. WilliamsSupreme Court of the United States · 1822
3Cited by11 opinions
- Burns v. . StewartSupreme Court of North Carolina · 1913
- Avent v. . ArringtonSupreme Court of North Carolina · 1890
- Ipock v. GaskinsSupreme Court of North Carolina · 1913
- Ipock v. . GaskinsSupreme Court of North Carolina · 1913
- State v. MountsWest Virginia Supreme Court · 1929
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