Lindsay v. Austin
Supreme Court of North Carolina
ActioN by E. E. Lindsay and others against John M. Austin, heard by Judge Walter H. Neal and a jury, at the August Term, 1905, of the Superior Court of Unios County. This was an action of ejectment to recover two tracts of land. The court submitted the following issues: 1. Are the plaintiffs the owners and entitled to the possession of the lands described in the complaint? Ans.
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ActioN by E. E. Lindsay and others against John M. Austin, heard by Judge Walter H. Neal and a jury, at the August Term, 1905, of the Superior Court of Unios County. This was an action of ejectment to recover two tracts of land. The court submitted the following issues: 1. Are the plaintiffs the owners and entitled to the possession of the lands described in the complaint? Ans. Yes. 2. Was the defendant in the possession of the lands at the time this action was brought ? Ans. Yes. Erom the judgment rendered upon the verdict, the defendant appealed.
1Opinion of the CourtBeowN, J.
The plaintiffs claim two tracts of land, containing five and one-half, and thirty-five acres, the former under certain deeds and the later under a grant to William Mullis, dated 1822, and through mesne, convey anees to themselves. The defendant claimed under an entry made in 1889 and a grant issued in 1890, and undertook to show continuous adverse possession from February, 1889, to the time of trial. The record in the case presents thirty-five exceptions, to which we have given consideration, notwithstanding.a large number of them seem to have been abandoned, or not noticed by the defendant…
2Cases cited2 opinions
- Hamilton v. . IcardSupreme Court of North Carolina · 1894
- Duncan v. . HallSupreme Court of North Carolina · 1895
3Cited by11 opinions
- Locklear v. OxendineSupreme Court of North Carolina · 1951
- Powell v. MillsSupreme Court of North Carolina · 1953
- Batson v. BellSupreme Court of North Carolina · 1959
- Hemphill v. MoyIdaho Supreme Court · 1917
- Cornelison v. . HammondSupreme Court of North Carolina · 1944
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