Den on Dem. of Everitt v. Thomas
Supreme Court of North Carolina
This was an action of Ejectment, tried at Fall Term, 1840, of Richmond Superior Court of Law, before his honor-judge Settle, in which there was a nonsuit, and the plaintiff appealed to the Supreme Court.
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This was an action of Ejectment, tried at Fall Term, 1840, of Richmond Superior Court of Law, before his honor-judge Settle, in which there was a nonsuit, and the plaintiff appealed to the Supreme Court. The lessor of the plaintiff deduced title as follows, to wit: 1st. A grant in favor of George Webb, bearing date the 18th day of April, 1771, describing the land as follows, to wit: between the-south prong of Cartledge’s creek and Baggett’s branch, No. E. of Pedee River, beginning at a blackjack by Crawford’s corner a dead hickory, and runs thence No. 60 E. 19 chains 79 links near three…
1Opinion of the Court
Ruffin, Chief Justice.
If it be admitted that the grant to Webb covers the land in dispute, yet if the deeds to the lessor of the plaintiff do not also cover some part, he has no title, and the verdict ought to have been for the defendant. Upon this last point we entertain the same opinion his Hon- or gave; and, as that is decisive against the action, it is unnecessary to consider the other point.
It is clear that according to the description by metes and bounds, contained in the deeds to the lessor of the plaintiff, neither of them embraces any portion of the land in controversy. In the grant…
2Cited by17 opinions
- Gudger v. White.Supreme Court of North Carolina · 1906
- Elizabeth City v. . CommanderSupreme Court of North Carolina · 1918
- Quelch v. . FutchSupreme Court of North Carolina · 1916
- Quelch v. . FutchSupreme Court of North Carolina · 1918
- Williams v. . BaileySupreme Court of North Carolina · 1919
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