Legal Opinion

Newkirk v. Porter

Supreme Court of North Carolina

Decided January 30, 1953No. 599PublishedCited by 21 opinions

1Opinion of the CourtJohnson, J.

The single question presented by this appeal is whether the plaintiff made out a prima facie case of title by adverse possession to the' disputed strip of land.

In tbis jurisdiction title to land may be acquired by the requisite acts of adverse possession (1) under color of title for a period of 7 years, G.S. 1-38, or (2) under claim of right, without color of title, for a period of 20 years, G.S. 1-40. See 1 Am. Jur., Adverse Possession, Section 185.

In either case, in order to bar the true owner of land from recovering it from an occupant in adverse possession, the possession relied on must…

2Cases cited32 opinions

  1. Locklear v. . SavageSupreme Court of North Carolina · 1912
  2. Locklear v. OxendineSupreme Court of North Carolina · 1951
  3. Williams v. RobertsonSupreme Court of North Carolina · 1952
  4. Alexander v. Richmond Cedar WorksSupreme Court of North Carolina · 1919
  5. Malloy v. . BrudenSupreme Court of North Carolina · 1882

27 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. WACHOVIA BANK & TRUST COMPANY v. MillerSupreme Court of North Carolina · 1955
  2. Price v. Tomrich CorporationSupreme Court of North Carolina · 1969
  3. Batson v. BellSupreme Court of North Carolina · 1959
  4. Alexander v. . Cedar WorksSupreme Court of North Carolina · 1919
  5. Barbee v. EdwardsSupreme Court of North Carolina · 1953

16 more not listed; retrieve them via the Exa API.

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