Tyson v. . Shepherd
Supreme Court of North Carolina
EjectmeNT tried at Spring Term, 1883, of Arson Superior Court-, before MctcRae, J. The defendants appealed from the ruling and judgment of the court below’.
1Opinion of the CourtSjutii, C. J.
The complaint alleges in the first article that the plaintiff is the “owner in fee-simple of the land described,” and in the second :
“That the defendants unlawfully withhold the possession thereof from the plaintiff,” and demand judgment for possession and damages.
The defendants deny the allegation that the plaintiff is “owner in fee-simple of the'land described in the complaint or any part thereof,” and make no answer to the allegation contained in the second article of the complaint.
At the trial the defendants proposed an issue as to the plaintiff’s seizin in fee, which was refused by the…
2Cases cited4 opinions
- Garrett v. . TrotterSupreme Court of North Carolina · 1871
- Johnston v. . PateSupreme Court of North Carolina · 1880
- Lawrence v. WrightThe Superior Court of New York City · 1853
- Sanders v. LeavyNew York Supreme Court · 1858
3Cited by1 opinion
- Cherry v. WalkerSupreme Court of North Carolina · 1950