Rumbough v. Sackett.
Supreme Court of North Carolina
ActioN by J. C. Rumbough against J. H. Sackett and wife, beard by Judge 17. B. Allen and a jury, at tbe January Term, 1906, of tbe Superior Court of Madison.
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ActioN by J. C. Rumbough against J. H. Sackett and wife, beard by Judge 17. B. Allen and a jury, at tbe January Term, 1906, of tbe Superior Court of Madison. Tbe plaintiff brought bis action to recover a tract of land described as follows: “Beginning at a white oak below tbe mouth of a branch opposite William Nelson, Jr., at tbe Upper Warm Springs on tbe east side of French Broad river, and running up tbe river so as to include a small bottom, and with the meanders of said river 145 poles to a beech and large rock on the northeast side of said river, then north 55 degrees east 60 poles to a…
1Opinion of the Court
Walker, J.,
after stating the case: The rule is well settled that a plaintiff in ejectment must recover, if at all, upon the strength of his own title and not upon the weakness of his adversary’s. He must, in other words, show a title good against the world or good against the defendant, by estoppel. Mobley v. Griffin, 104 N. C., 112; Campbell v. Everhart, 139 N. C., 503. Under this rule, it becomes unnecessary to consider the instructions to the jury requested by the plaintiff other than the fourth, or the charge of the court, as the jury found that the beginning corner of the Brittain grant,…
2Cases cited4 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Campbell v. Everhart.Supreme Court of North Carolina · 1905
- Den Ex Dem. Harry v. GrahamSupreme Court of North Carolina · 1834
- Mizell v. . SimmonsSupreme Court of North Carolina · 1878
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- Pope v. . PopeSupreme Court of North Carolina · 1918
- Taylor v. JohnstonSupreme Court of North Carolina · 1976
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