Holmes v. . Carr
Supreme Court of North Carolina
Civil actioN tried before Devin, J., at June Term, 1916, of GkeeNB. This is a processioning proceeding to establish a line between tbe plaintiffs and tbe defendants, botb parties claiming title to tbe land in controversy.
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Civil actioN tried before Devin, J., at June Term, 1916, of GkeeNB. This is a processioning proceeding to establish a line between tbe plaintiffs and tbe defendants, botb parties claiming title to tbe land in controversy. Tbe evidence tends to prove tbat tbe plaintiff, Sarab Holmes, bas a paper title covering tbe land, and while defendants claim to be purchasers, and that a deed under which they claim bas been lost or destroyed, they have to rely upon an adverse possession for twenty years without color. Tbe plaintiffs contend tbat tbe possession relied on by tbe defendants was not adverse to…
1Opinion of the CourtAllew, J.
The plaintiff Sarah Holmes, who claims the land in controversy under tbe will of Richard J ones, intermarried with tbe plaintiff Henry Holmes, in October, 1872, and bas been under coverture since that time, and it follows, as twenty years have not elapsed since the act of 1899 (Eevisal, sec. 363), which removes the disability of cover-ture, but provides that in determining the defense of adverse possession against a married woman no possession prior to 13 February, 1899, shall be counted, that the claim of the defendants of title by adverse possession of twenty years cannot be maintained…
2Cases cited3 opinions
- Dobbins v. Dobbins.Supreme Court of North Carolina · 1906
- Chancey v. . PowellSupreme Court of North Carolina · 1889
- Seawell v. . BunchSupreme Court of North Carolina · 1858
3Cited by6 opinions
- Nicholas v. Salisbury Hardware and Furniture Co.Supreme Court of North Carolina · 1958
- Mallet v. HuskeSupreme Court of North Carolina · 1964
- Cothran v. Akers Motor Lines, Inc.Supreme Court of North Carolina · 1962
- Caskey v. . WestSupreme Court of North Carolina · 1936
- Clendenin v. ClendeninSupreme Court of North Carolina · 1921
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