Power Co. v. . Haywood

A jury trial was waived, and the facts and the law were submitted to, and passed upon by, the court.

The plaintiff alleges that it is the sole owner of the land in controversy, and the defendants make denial and allege that they should be let into possession as tenants in common with the plaintiff. The purpose of the action is to remove a cloud from the plaintiff's alleged title.

The facts are as follows:

1. That William Boylan, late of Wake County, died in said county on 16 July, 1861, seized and possessed of a large estate, including the lands described in the complaint.

2. That the said…