Daniel v. . Crumpler
Supreme Court of North Carolina
Civil Actiok, to recover two acres of land, tried before Seymour, J., at the January Term, 1876, of the Superior Court of WayNE County. All the facts pertinent to the case, as decided in this Court, are fully set out in the opinion of Justice Rodman.
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Civil Actiok, to recover two acres of land, tried before Seymour, J., at the January Term, 1876, of the Superior Court of WayNE County. All the facts pertinent to the case, as decided in this Court, are fully set out in the opinion of Justice Rodman. On the trial in the Court below, his Honor refused to receive certain evidence (detailed in the opinion of the Court) •offered by the defendant, and gave judgment absolutely for the plaintiff. , From this judgment defendant appealed.
1Opinion of the CourtRodman, J.
The land in dispute is two acres out of a tract assigned to the feme plaintiff as dower, she being the widow of Dickson Thompson. In 1839, she went into the actual occupation of all her dower land except the piece in dispute, and was in the constructive possession of that piece until 1859, when the defendant took possession of it, and bias lived on it ever since, and made improvements on it with the knowledge of plaintiffs, and without objection from them, until the institution of this suit on 12th September, 1870. The feme plaintiff married the other plaintiff in 1846.
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2Cases cited2 opinions
- Pope v. . WhiteheadSupreme Court of North Carolina · 1873
- Wetherell v. . GormanSupreme Court of North Carolina · 1876
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- Smith v. Ingram.Supreme Court of North Carolina · 1902
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1887
- Fortesque v. . CrawfordSupreme Court of North Carolina · 1890
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