Melvin v. . Waddell
Supreme Court of North Carolina
Civil Action, in the nature of Ejectment, tried before Buxton, J., at January Term, 1876, of Cumberland Superior Court. The summons in this case issued 8th November, 1871. The land, which is the subject of the action, is a town lot in Fayetteville, three quarters of an acre on Munford street. The defendant, Adaline Little, admitted that she was in possession by her tenants, John Waddell & Co., but denies the right of the plaintiff to recover.
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Civil Action, in the nature of Ejectment, tried before Buxton, J., at January Term, 1876, of Cumberland Superior Court. The summons in this case issued 8th November, 1871. The land, which is the subject of the action, is a town lot in Fayetteville, three quarters of an acre on Munford street. The defendant, Adaline Little, admitted that she was in possession by her tenants, John Waddell & Co., but denies the right of the plaintiff to recover. The plaintiff read in evidence a deed in fee from Robinson Munford to Johnson, Hall & Co., dated 10th April, 1816, which covers the land in dispute and…
1Opinion of the CourtRodman, J.
The first exception of the defendant is to the instructions of the Judge to the jury, that from the facts that the locus in quo was in an old town and had been conveyed as early as 1816, they might presume that the title was out of the State. We do not know of any authority for this proposition, and it might often lead to false conclusions. There are several unoccupied lots in Raleigh, which it is well known that the State has never granted. If the question was, whether the State, in fact, had granted certain land, then in case no grant could be produced, it might be open to proof as…
2Cited by18 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Bryan v. . SpiveySupreme Court of North Carolina · 1891
- Moore v. . MillerSupreme Court of North Carolina · 1920
- Springs v. SchenckSupreme Court of North Carolina · 1888
- Virginia-Carolina Power Co. v. TaylorSupreme Court of North Carolina · 1926
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