Davis v. . Higgins
Supreme Court of North Carolina
Ejectment, commenced in McDowell and removed to and tried at Fall Term, 1883, of Rutherford Superior Court, before Gilmer, J. The plaintiff, suing with leave of the court in forma pau-peris, prosecutes his action to recover possession of the land described in the complaint, alleging the title to be in himself and a wrongful withholding by the defendant.
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Ejectment, commenced in McDowell and removed to and tried at Fall Term, 1883, of Rutherford Superior Court, before Gilmer, J. The plaintiff, suing with leave of the court in forma pau-peris, prosecutes his action to recover possession of the land described in the complaint, alleging the title to be in himself and a wrongful withholding by the defendant. These allegations are directly denied in the defendant’s answer, and the only issue submitted to the jurjf was in this form : Is the plaintiff the owner in fee and entitled to the possession of the land sued for? To this inquiry the response…
1Opinion of the Court
Smith, C. J.,
after stating the case. From the judgment rendered upon the verdict the plaintiff also appeals, he being 'allowed to do so without giving the undertaking prescribed by law, and assigns error ih the several rulings to which the exceptions contained in the record are taken. These we propose first to consider. •
The plaintiff claimed under a grant issued to himself in 1874, which it was admitted covered the land in dispute and put the title in him, unless it had been previously divested, and the state then had none to convey. In deducing his title from older deeds and long aud…
2Cited by19 opinions
- Guillory v. Avoyelles Railway Co.Supreme Court of Louisiana · 1900
- Ruffin v. . OverbySupreme Court of North Carolina · 1890
- McLean v. . SmithSupreme Court of North Carolina · 1890
- Devereux v. . McMahonSupreme Court of North Carolina · 1891
- Staton v. . MullisSupreme Court of North Carolina · 1885
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