Wallace v. . Moore
Supreme Court of North Carolina
ApplicatioN for an entry of land instituted by defendant in which there was protest by plaintiff on possession of said land claiming tbe same as owner. Tbe ground of bis claim being fully set forth in bis written protest, duly filed in tbe proceedings; beard before Daniels, J., at June Term, 1919, of CaRteret.
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ApplicatioN for an entry of land instituted by defendant in which there was protest by plaintiff on possession of said land claiming tbe same as owner. Tbe ground of bis claim being fully set forth in bis written protest, duly filed in tbe proceedings; beard before Daniels, J., at June Term, 1919, of CaRteret. Tbe facts pertinent to tbe case are sufficiently shown -in tbe judgment of bis Honor dismissing tbe cause, as follows: This cause coming on to be beard before bis Honor F. A. Daniels, judge, and a jury, counsel for protestant requested in open court that tbe enterer, L. I. Moore, as…
1Opinion of the CourtHoKE, J.
The position is very generally recognized here and elsewhere that a railroad corporation is without power to acquire and bold real estate except by statutory authority, either expressly conferred or necessarily implied from tbe powers contained in tbe charter or arising to it under tbe general laws. Cross v. R. R., 172 N. C., 119; Case v. Kelly, 133 U. S., 21; Pacific R. R. v. Seely, 45 Mo., 212; Coe v. R. R., 10 Ohio State, 372; 1 Elliott on Eys., secs. 390-91-92, etc.; 22 R. C. L., p. 813, title, Railroads, sec. 66.
In tbe citation to Elliott, supra, tbe general principle is stated as…
2Cases cited7 opinions
- Smith v. Proctor.Supreme Court of North Carolina · 1905
- Pacific Railroad v. SeelySupreme Court of Missouri · 1870
- United States v. WardwellSupreme Court of the United States · 1898
- Case v. KellySupreme Court of the United States · 1890
- Cameron v. Hicks.Supreme Court of North Carolina · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- N. C. State Highway Commission v. Farm Equipment Co.Supreme Court of North Carolina · 1972
- Love v. United StatesDistrict Court, E.D. North Carolina · 1994
- Blue Ridge Pediatric & Adolescent Med., Inc. v. First Colony Healthcare, LLCNorth Carolina Business Court · 2012