Allen v. . Salinger
Supreme Court of North Carolina
This was a civil ACTION, tried at the February Term, 1889, of the Superior Court of Martin County, before Graves, J. The plaintiff demanded possession of a certain .tract of land, and the defendant denied that he was in possession of any land belonging to the plaintiff, or that there was any such land in Martin County as that claimed by the plaintiff.
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This was a civil ACTION, tried at the February Term, 1889, of the Superior Court of Martin County, before Graves, J. The plaintiff demanded possession of a certain .tract of land, and the defendant denied that he was in possession of any land belonging to the plaintiff, or that there was any such land in Martin County as that claimed by the plaintiff. The issues and findings of the jury were as follows; 1. “ Is plaintiff the owner of the land described in the complaint?” Answer. “Yes; one-seventh of the Bandy Bottom tract — 160 acres.” 2. “Is defendant in the wrongful possession thereof?”…
1Opinion of the CourtAvery, J.
(after stating the facts). If the defendant had not denied in his answer that the plaintiff was the owner of the land in controversy, and thereby acknowledged that he had ousted plaintiff, his co-tenant, but had asked that the action be dismissed on the ground that he and the plaintiff were tenants in common, and the plaintiff ought to have given reasonable notice to be let into possession before issuing the summons, this action could not have been maintained.
As it sufficiently appears from the record that Ezekiel Leary was the common source of title, and that there was evidence tending to…
2Cases cited4 opinions
- Page v. . BranchSupreme Court of North Carolina · 1887
- Overcash v. . KitchieSupreme Court of North Carolina · 1883
- Yancey v. . GreenleeSupreme Court of North Carolina · 1884
- Withrow v. . BiggerstaffSupreme Court of North Carolina · 1880
3Cited by19 opinions
- Gilchrist v. . MiddletonSupreme Court of North Carolina · 1890
- Allred v. Smith.Supreme Court of North Carolina · 1904
- Foster v. HackettSupreme Court of North Carolina · 1893
- Asbury v. . FairSupreme Court of North Carolina · 1892
- Ladd v. . ByrdSupreme Court of North Carolina · 1893
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