Legal Opinion

Dickens v. . Barnes

Supreme Court of North Carolina

Decided June 5, 1878PublishedCited by 26 opinions

Civil ActioN, to recover Land, tried at Spring Term, 1878, of Halifax Superior Court, before Seymour, J. The referee to whom the case was referred reported as follows: It is admitted that unless the defendant can show seven years adverse possession under known and visible boundaries and under colorable title, the plaintiff is entitled to recover the possession of the land in dispute.

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Civil ActioN, to recover Land, tried at Spring Term, 1878, of Halifax Superior Court, before Seymour, J. The referee to whom the case was referred reported as follows: It is admitted that unless the defendant can show seven years adverse possession under known and visible boundaries and under colorable title, the plaintiff is entitled to recover the possession of the land in dispute. The facts found are, — that defendant has been in adverse possession under known and visible boundaries since the 20th of March, 1863; that the summons was issued on the 27th of September, 1877; that the…

1Opinion of the CourtFaiecloth, J.

It is conceded that plaintiff can recover unless the defendant has acquired the right of possession under the provision of C. C. P., § 20, which declares that seven years possession of real property, under. known and visible lines and boundaries and under colorable title, shall perpetually bar an entry or action against such possessor. And it is conceded that defendant has been in adverse possession of the locus in quo, under known and visible lines and boundaries more than seven years, but colorable title is denied. That question depends on the description in a deed from John J. Phelps to…

2Cases cited2 opinions

  1. Brown v. . CobleSupreme Court of North Carolina · 1877
  2. Hinchey v. . Nichols .Supreme Court of North Carolina · 1875

3Cited by26 opinions

  1. Webb v. RitterWest Virginia Supreme Court · 1906
  2. Farmer v. . BattsSupreme Court of North Carolina · 1880
  3. Thompson v. . UmbergerSupreme Court of North Carolina · 1942
  4. Perry v. . ScottSupreme Court of North Carolina · 1891
  5. Darley v. StarrSupreme Court of Georgia · 1920

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