Legal Opinion

Doe on the Demise of Loftin v. Cobb

Supreme Court of North Carolina

Decided June 5, 1854PublishedCited by 21 opinions

This was an Action of Ejectment tried before his Honor Judge Bailey, at the Spring Term, 1854, of Lenoir Superior Court. There wore two counts in the declarations, one, upon the demise of William C. Loftin, and the other upon that of the trustees of the University. The plaintiffs claimed title from one Tbomas Box, to whom two grants had issued, one in 1757, and the other in 1760, which together covered the land in dispute.

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This was an Action of Ejectment tried before his Honor Judge Bailey, at the Spring Term, 1854, of Lenoir Superior Court. There wore two counts in the declarations, one, upon the demise of William C. Loftin, and the other upon that of the trustees of the University. The plaintiffs claimed title from one Tbomas Box, to whom two grants had issued, one in 1757, and the other in 1760, which together covered the land in dispute. It was proved by a witness, now seventy years old, “ that he had heard Thomas Box spoken of, and that it was said that he had left this country about, or soon after, the…

1Opinion of the CourtBattle, J.

Upon tbe trial, three objections were taken against tbe right of the plaintiff to recover, of which two only have been urged by tbe defendant’s counsel in tbe argument here. The proposition, that because the defendant, and those under whom he claimed, had been in possession for more than thirty years of the adjoining tracts of land, they thereby had possession of the tract in question, inasmuch as all the tracts, though separate and separately described, had been conveyed by one deed, has been properly given up. It cannot be supported upon principle, and is directly opposed by the authority…

2Cited by21 opinions

  1. Locklear v. . SavageSupreme Court of North Carolina · 1912
  2. Morehead v. HarrisSupreme Court of North Carolina · 1964
  3. Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
  4. Alexander v. . Cedar WorksSupreme Court of North Carolina · 1919
  5. Price v. WhisnantSupreme Court of North Carolina · 1952

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