Asbury v. . Fair
Supreme Court of North Carolina
This was a civir, action of trespass on land, to try title, and for damages, tried at Fall Term, 1892, of Büjrke Superior Court by Armfield, J. The following issues were submitted : 1. Did the defendants commit the trespass alleged in the complaint on the lands of plaintiff described in the complaint ? 2. What damage has plaintiff sustained by reason of said trespass? Plaintiff offered a deed from I). W. Stacy to S. M. Asbury, dated 16th June, 1890. A deed from Jos.
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This was a civir, action of trespass on land, to try title, and for damages, tried at Fall Term, 1892, of Büjrke Superior Court by Armfield, J. The following issues were submitted : 1. Did the defendants commit the trespass alleged in the complaint on the lands of plaintiff described in the complaint ? 2. What damage has plaintiff sustained by reason of said trespass? Plaintiff offered a deed from I). W. Stacy to S. M. Asbury, dated 16th June, 1890. A deed from Jos. Brittain, Sheriff, to D. W. Stacy, dated January 28, 1869; to which defendants object. A deed from Joseph Ferree, trustee, to D.…
1Opinion of the Court
Avkky, J.:
The defendants offered a grant issued in 1804, and the plaintiff introduced one issued in 1818, both"of which, according to the evidence, cover the twenty-three acres in dispute. The plaintiff offered other title deeds, but the defendants introduced none,, so far as appears from the record. The testimony was conflicting as to whether the defendants, and those under whom they claim, ever had a possession on the lappage under the older grant or not, until they recently engaged in cutting trees thereon. I). W. Stacjr testified that he did not think that John Dale, ancestor of…
2Cases cited12 opinions
- Ruffin v. . OverbySupreme Court of North Carolina · 1890
- McLean v. . SmithSupreme Court of North Carolina · 1890
- Springs v. SchenckSupreme Court of North Carolina · 1888
- Mobley v. . WattsSupreme Court of North Carolina · 1887
- Allen v. . SalingerSupreme Court of North Carolina · 1889
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Shaffer v. GaynorSupreme Court of North Carolina · 1895
- Vance v. . GuySupreme Court of North Carolina · 1944
- Currie v. . GilchristSupreme Court of North Carolina · 1908
- Berry v. . CoppersmithSupreme Court of North Carolina · 1937
- Ins. Co. v. . EdwardsSupreme Court of North Carolina · 1899
10 more not listed; retrieve them via the Exa API.