Legal Opinion · Dissent

Ware v. . Knight

Supreme Court of North Carolina

Decided July 2, 1930Published

1DissentAdams, J.

This is an action for the recovery of land, superseding the former action of ejectment, but retaining certain of its features.

“In ejectment the plaintiff must recover on the strength of his own title and not on that of the weakness of his adversary, it must be good against the world or good against the defendant by estoppel. It can make no difference whether the defendant has the title or not, the sole inquiry being whether the plaintiff, upon whom rests the burden, has it. If he fails to show that he has the title and right of possession, it does not concern him what right or title the…

2Cases cited9 opinions

  1. Mobley v. . GriffinSupreme Court of North Carolina · 1889
  2. Prevatt v. Harrelson.Supreme Court of North Carolina · 1903
  3. Moore v. . MillerSupreme Court of North Carolina · 1920
  4. Singleton v. . RoebuckSupreme Court of North Carolina · 1919
  5. Pope v. . PopeSupreme Court of North Carolina · 1918

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