McLean v. . Smith
Supreme Court of North Carolina
Civil ACTION, tried before Merrimov, J., at January Term, 1889, of the Superior Court of Robeson County. It was admitted by the parties that the title to the land was out of the State, and the plaintiff admitted that the defendant had and held under the older grant. A plat of the plaintiff’s and defendant’s lands, showing the line of their respective tracts, and a lappage, A, B, C, D, A, is here given 'as a part of the case on appeal: A, B. C. D represents lap.
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Civil ACTION, tried before Merrimov, J., at January Term, 1889, of the Superior Court of Robeson County. It was admitted by the parties that the title to the land was out of the State, and the plaintiff admitted that the defendant had and held under the older grant. A plat of the plaintiff’s and defendant’s lands, showing the line of their respective tracts, and a lappage, A, B, C, D, A, is here given 'as a part of the case on appeal: A, B. C. D represents lap. Dotted lines show plaintiff’s field, about i acre of which is on lap. Broken lines show defendant’s field, about i acre on lap. The…
1Opinion of the CourtAvery, J.
after staling the facts: It is settled that where the title deeds of two rival claimants to land lap upon each other, and neither is in the actual possession of any of the land covered by both deeds, the law adjudges the possession of the lappage to be in him who has the better title. If one be seated on the lappage and the other not, the possession of the whole interference is in the former. Green v. Harman, 4 Dev., 158; Williams v. Miller, 7 Ired., 186; Scott v. Elkins, 83 N. C., 424; Dobbin v. Stevens, 1 Dev. & Bat., 5; Smithy. Ingram, 7 Ired., 175; Kitchin v. Wilson, 80 N. C., 191. But if…
2Cases cited11 opinions
- French v. PearceSupreme Court of Connecticut · 1831
- Yates v. . YatesSupreme Court of North Carolina · 1877
- King v. . WellsSupreme Court of North Carolina · 1886
- Staton v. . MullisSupreme Court of North Carolina · 1885
- Williams v. . WallaceSupreme Court of North Carolina · 1878
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3Cited by37 opinions
- Locklear v. . SavageSupreme Court of North Carolina · 1912
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- Prevatt v. Harrelson.Supreme Court of North Carolina · 1903
- Vance v. . GuySupreme Court of North Carolina · 1944
- Everett v. . NewtonSupreme Court of North Carolina · 1896
32 more not listed; retrieve them via the Exa API.